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Question About US Adjustment Of Status

Susan asks…

If an illegal immigrant married a permanent resident in the US and applied for adjustment of status,?

does it make any difference between overstaying her US visa and entering the US illegally?
The permanent resident has since become a US citizen, so does it still make a difference?

Best Answer:

There is absolutely no possibility of adjustment of status for anyone who entered without inspection (illegal entry). Illegal aliens have NO choice but to return to their country of citizenship. They will be barred from reentry to US for a period determined by how long they were in the US illegally. Not even marriage or procreation can help an illegal alien. They must go home – no exceptions, no excuses.

A person who has overstayed MIGHT be able to adjust status in one – and only one – situation. If they marry a US citizen, they might be allowed to remain in the US during adjustment of status if they meet all other requirements, e.g. Spouse can support them (Affidavit of Support), no other misdeeds. If they worked under the table or after their visa/work authorization expired, or if they used a false/forged/stolen SSN or other ID, or if they failed to file proper income tax returns and pay all income taxes due, or anything else, they’d better head for home and start over from scratch even if they did find someone to marry. Tax fraud, identity theft, etc, are highly likely to be exposed in trying to change status. Other than some possibility of remaining & changing status in the case of marriage to a citizen, there is NO way to remain.

A legal permanent resident cannot obtain a visa for a spouse to enter the US. Takes about 4 – 5 years now. Marrying an LPR means returning to country of citizenship. Being barred from reentry for 10 years if they have been out of status a year or more. Then after the 10 years is up, the spouse could apply for the spouse’s entry. An LPR cannot bring bring people into the US!

In short, marrying an LPR means going home & being barred from reentry – however you entered.

Posted From Yahoo! Answers (for informational purposes only)

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