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.
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