A common immigration scenario that many couples may face occurs when an
individual moves to the United States, and either never gets a visa or
overstays a visa, and then proceeds to marry an individual who is a legal
citizen - should their new spouse be given a green card?
It is common practice for foreign nationals to enter the U.S. and marry
a U.S. citizen, but, unfortunately, this does not necessarily result in
the non-citizen spouse being able to remain in the United States. Immigration
law in this particular area becomes extremely complicated.
In order to better understand this aspect of immigration law, there are
several generalizations that you should be aware of. Depending on the
situation, if a non-citizen enters the county illegally, and marries a
citizen, they may have to return to their home country, in order to apply
for a green card though a U.S. Consulate.
However, if a non-citizen spouse enters the U.S. legally (on a visa, etc.),
and overstays said visa, they may be allowed to remain in the U.S. during
the Green Card application process, through what is called Adjustment
of Status. For those who are eligible, Adjustment of Status is an appealing
option, as it allows you to remain with your loved one during the application
process, which can take months.
Regardless, you should be extremely careful that you do not commit visa
fraud. An example of visa fraud would be when an individual enters the
U.S. as a tourist with the real intention of getting married. In this
situation, you may be accused of fraud and sent back to your home country.
Should you be facing a similar situation, you should contact Joey Gilbert
Law at (775) 574-4774 in order to discus your options.