Friend got married to girl that overstayed her visa.

[saratara 0]

Hi everybody,

I have question if someone could help. Friend of mine who recently became USA citizen got married to his girlfriend who overstay her visa for 3 years. He recently became USA citizen and they are not sure do they need lawyer to file all forms since she have been here for 3 years without papers. She did entered country with visa, but then overstayed her visa. What should she say at interview? Are they going to ask her what she was doing here for 3 years without paper, who supported her etc. Is she is going to be able to get green card or she will have to go back to her native country? Does anybody have experience? Thank you so much

[JayJayH 546]

The USCIS will know about her illegal presence.

If she is married to a US citizen, and they can show with reasonable evidence that the marriage is bona fide, the overstay is usually forgiven by the USCIS. They can file for adjustment of status. Read the guides here on adjustment of status. If overstay and/or illegal work is the only crime committed, and if they have average to good knowledge of the English language, and can fully understand the guides here on VJ, no lawyer should be needed.

If she has committed fraud related crimes while overstaying here, such as declaring herself a US citizen, using a fake social security number or someone else's social security number, or any other crime, they should absolutely consult with an immigration lawyer.

Also, if your US citizen friend obtained his green card and subsequent citizenship through marriage to a US citizen, and then divorced, they will be heavily scrutinized. I would consult with an immigration lawyer if that is the case.

Edited November 21, 2013 by Yang-Ja

[bigdog 376]

A friend of mine just filed a I130, she came while in High School, they are on VJ "Cardsfn", he might have some input for you. Sorry I am not an expert on this one or any one for that matter. Just personal experiences and worked in government for 40 years. I Tried to paste the connection link using VJ it did not work.

The USCIS will know about her illegal presence. If she is married to a US citizen, and they can show with reasonable evidence that the marriage is bona fide, the overstay is usually forgiven by the USCIS. They can file for adjustment of status. Read the guides here on adjustment of status. If overstay and/or illegal work is the only crime committed, and if they have average to good knowledge of the English language, and can fully understand the guides here on VJ, no lawyer should be needed.

If she has committed fraud related crimes while overstaying here, such as declaring herself a US citizen, using a fake social security number or someone else's social security number, or any other crime, they should absolutely consult with an immigration lawyer.

Great answer, ditto.

[Ana&Sean 5]

dude u dont have to say "my friend" no ones is gunna put u in jail cuz adimited shes ilegal... u can even tell a cop that shes ilegal he is not gunna do anything unless theres a awarrant for her arrest... theres a bunch of free immigration lawyers online if u wanna be sure but unless she leaves the country u guys are good. how do i know? i was ilegal and i left.

[saratara 0]

It is about my friend, I have no reason to say friend and think different, and he was not married previously since he gained his citizenship by being refugee here. Should she say that she was working here as illegal immigrant or say that she never worked? I was just asking if someone know who went through same process...

[JayJayH 546]

It is about my friend, I have no reason to say friend and think different, and he was not married previously since he gained his citizenship by being refugee here. Should she say that she was working here as illegal immigrant or say that she never worked? I was just asking if someone know who went through same process...

In the I-485 it asks for all current and previous employers. That includes anywhere she has worked in the US illegally. Lying on this form will get her denied, deported and forever banned from re-entry.

As I said, overstay and illegal work is generally 'forgiven' for immediate relatives of US citizens, and she will be in much more trouble if she lies about it, than if she's honest about it.

Most problems in these cases arise when the overstayer has acquired that job by fraud. For example, employers are required to verify that their employees are legal to work. This is done by an I-9 form. The I-9 asks the employee if she is either a 1. US citizen, 2. Permanent Resident, or 3. Non-resident authorized to work. If she has ever answered "US citizen" on an I-9 she is permanently barred from ever receiving permanent resident status. In addition, if she has ever used a fake social security number, or someone else's social, she could be in big trouble.

She needs to dig into her case and pinpoint possible complications. If she has any, she should seek competent legal advice before applying for any immigration benefit.

Edited November 21, 2013 by Yang-Ja

[saratara 0]

Ok thank you so much!