The majority of people have a misconception that marrying an American citizen can ease the path of having legalized immigrant status. But, in reality, it's much more complicated. Studies show that most illegal immigrants come to the U.S. with a visa or valid paperwork but stay even after their time expires. In addition, they stay in the U.S. without legal status for ten or more years. Then, they begin to have a settled life in the U.S.'s land and attend school, office and become a part of the community.
These people are so concerned about obtaining legal status even after staying there unlawfully. Therefore, it's important to understand the process for the undocumented people who marry citizens after an overstay, whether they are eligible to apply for a green card (how long does it take to get green card) or not. So, let's take a deep insight to get a clear picture of the actual view.
Who is most likely to overstay in the US?
Students, Tourists, and Exchange Visitors are the notable categories who may mostly overstay in the country. Once the visa status expires, your presence is considered illegal. The consequences for this unlawful presence depend on the amount of time you overstay without legal status.
What Is Visa Overstay?
When a foreigner doesn't leave the United States even long after the period of authorized stay, it’s referred to as falling out of status or “overstaying” a visa. Thus, overstay means a non-immigrant with a visa who lawfully entered the United States for a legitimate period but stayed here beyond the authorized period.
There are special provisions for the immediate relatives, including parents, spouse, and unmarried children (under 21) of U.S. citizens. Hence, the immigration law allows some “visa overstay forgiveness” for this category.
If an immigrant entered the U.S. lawfully but didn't come for marriage, then he or she would be able to adjust the status. In Adjustment of Status (AOS), a non-immigrant visitor can change status to permanent residency by applying for a green card from inside the U.S. All to do is submit the required paperwork and attend the interview at the USCIS field office.
Can A US Citizen Marry An Illegal Immigrant?
Marrying to illegal immigrant is quite natural in the US that may start from a romantic relationship. But, it's another matter whether that marriage will get you lawful permanent residence or not. These immigrants are referred to as "immediate relatives." And they are also eligible for a green card through marriage. But, if they are undocumented immigrants(means people who entered the US illegally or without inspetion), they can face some serious barriers to claiming the right.
Taking Advice From Immigration Lawyer
Whatever blunder you do, never walk into the office of the USCIS for advice. Such a move could prohibit you from returning to the US for many years to come. If you are an illegal immigrant and wish to get a green card based on marriage, you must consult an immigration attorney to validate your case. By evaluating your situation, he/she would help you with the suitable application process and help to make the right decisions.