Out of status

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Out of status

Hello
I came to the US on a student visa and
I have been out of status for almost 3
years. I met someone here shortly after
I became out of status and this year we
decided to get married. The person I
am marrying is a US citizen. I am
wondering how the process will be to
get my status fixed and if there is a
possibility I will be deported for over
staying my visa.
Thank you

Asked on August 26, 2018 under Immigration Law, Illinois

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, as long as you entered the US lawfully and can prove that lawful entry, if you get married to a US citizen, the marriage is bona fide and you file for adjustment of status on the basis of that marriage then you should be fine and any prior unlawful presence will be forgiven under the current immigration laws.


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