Change of Status

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Change of Status

Can a non immigrant visa holder B1/B2 now married to an American citizen be deported even if the papers to legalize his status have not been filed?

Asked on February 12, 2017 under Immigration Law, Texas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the person is out of status, even if married to a US citizen, technically the person is removable from the US if "caught."  Practically speaking that would not happen because during the removal proceedings, the relevant petitions by the US citizen spouse can be filed.  However, there is really no need, it seems to me, to prolong the not filing if you are already married and want to start the process. 


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