Q: Hi. I would like to know how are the laws about marrying an undocumented immigrant in Pennsylvania.
If the undocumented immigrant marries a US Citizen, is there a chance to still get deported after being married and successfully passing the interview and receiving a green card? Can the person still be deported, or after marrige the laws are protecting that person and there is no way to get deported?
Marriage is real, and the immigrant has no criminal record.
The immigrant came with an ESTA but overstayed the 90 day legal stay.
A:
If I am not mistaken, you are asking is if a person marries a USC, successfully passes the interview, and obtains a green card, can they still be deported?
The answer is yes. While that person is not a USC, they are still deportable. Although they are deportable for any number of enumerated reasons, typically, this is fraud or crime related.
A: USCIS usually takes the position that the person is in a period of authorized stay once they file for their adjustment of status (green card). If your spouse came on ESTA, and has overstayed the 90 day period, you should contact an immigration attorney as soon as possible for a consultation. ESTA overstays are more delicate matters than tourist visa overstays because they waive the right to a hearing upon entry.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
