A non-immigrant/non-citizen visa holder marrying a US citizen

There has been a rumor that if a non-immigrant/non-citizen visa holder
applies for change of status to immigrant status on marrying a US citizen
he/she will be denied and will be deported under the new rules. Is that true?
Does it apply to H1B or F1 or both?

Asked on December 19, 2017 under Immigration Law, Maryland

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Don't listen to rumors that are not based on laws.  If there is a valid marriage then a nonimmigrant who is in the US lawfulyl can marry a US citizen and petition the USCIS for a change of status to green card holder on the basis of that marriage.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.