picture this scenario

[zantho]

Hi

Questions about marriage and green card

Let's say a person goes to the USA, enters legally, but overstays his visa. After staying in the USA (ilegally) and probably working (illegally) for about 1 year or more, that person gets into a relationship and wants to get married.

Now as the person has overstayed his visa and is therefore in the country illegally.

My first question is:

1) Can this person get married in the USA and receive legal marriage documents?

2) Can this person still apply for marriage based green card?, and does he have to go back to his native country while the application for a green card is being sent/confirmed, or can he keep staying in USA until he gets his green card?

3) How serious a crime is overstaying your visa and living/working illegally in the USA? If a person gets caught, are they sent to their native country and banned entry to the USA? Are they jailed in the USA? Or are they just given a fine? Does it depend whether it's a "sanctuary" city or not?

4) Does the local police in sanctuary cities regularly check if people have permission to be in the country, and do they send people home if you don't have permission? How fast can someone re-enter the USA after being sent home for overstay?

 

[TheRealCanadian]

Can this person get married in the USA and receive legal marriage documents?

Yes. There's no requirement that one be legally in the US to get married.

Can this person still apply for marriage based green card?, and does he have to go back to his native country while the application for a green card is being sent/confirmed, or can he keep staying in USA until he gets his green card?

It depends a great deal on whether this individual is marrying a US citizen or not.

How serious a crime is overstaying your visa and living/working illegally in the USA? If a person gets caught, are they sent to their native country and banned entry to the USA? Are they jailed in the USA?

They can be put into removal proceedings. If one has overstayed the visa for over a year then one is already subject to a 10-year re-entry bar.

Does it depend whether it's a "sanctuary" city or not?

Doesn't matter. There's no such thing as a sanctuary city, since no city or state may prevent the federal government from enforcing US immigration laws.

Does the local police in sanctuary cities regularly check if people have permission to be in the country, and do they send people home if you don't have permission?

It's rare that this happens, even in non-sanctuary cities.

How fast can someone re-enter the USA after being sent home for overstay?

"Fast" is not a term you should use.

 

[Triple Citizen]

I am very interested to know from whom you heard this notion?

Does it depend whether it's a "sanctuary" city or not?

 

[zantho]

Thank you The Real Canadian but you didn't fully understand my question.

Can an immigrant, who has overstayed in the country, legally marry a US citizen in the the US as he is overstaying there?

And the person IS marrying a US citizen. So this immigrant, who has overstayed his visa, can he marry a US-citizen and stay in the country and then receive legal documents and legal permission to stay (green card) even though he has overstayed? Or does he need to travel back to his home country and wait any possible entry bans he has received from the US from overstaying?

What exactly is removal proceeding? That you are sure to be removed or only possibly? And what do you mean that "one is subject to a 10 year re-entry bar"? Do you mean that if a person overstays his visa by 1 year in the US, he will automatically be sent home and banned entry from the country for 10 years? Or does it depend on some things - and if yes, what does it depend on? Please be specific.

Can someone with some real experience tell me how often it happens that the police (or some other legal authority) checks individuals for visa/permission to stay/nationality?

Is a valid visa or green card necessary to be able to rent a house? Or does it depend on the person who is renting it?

Can you buy a car (new/used) in the USA without valid visa/green card? Or do you need to provide this for registration?


Thank you

re: sanctuary city. Look it up. It says plenty of places that in sanctuary cities, the law enforcement officers are told to not ask for visa or nationality (check it out).

 

[GotPR?]

.

Thank you The Real Canadian but you didn't fully understand my question.

Can an immigrant, who has overstayed in the country, legally marry a US citizen in the the US as he is overstaying there?
Already answered. Legal status doesn't matter for marriage.

And the person IS marrying a US citizen. So this immigrant, who has overstayed his visa, can he marry a US-citizen and stay in the country and then receive legal documents and legal permission to stay (green card) even though he has overstayed?
Yes,
Or does he need to travel back to his home country and wait any possible entry bans he has received from the US from overstaying?
You don't wanna do that if you want to legalize yourself.

What exactly is removal proceeding? That you are sure to be removed or only possibly? And what do you mean that "one is subject to a 10 year re-entry bar"? Do you mean that if a person overstays his visa by 1 year in the US, he will automatically be sent home and banned entry from the country for 10 years? Or does it depend on some things - and if yes, what does it depend on? Please be specific.
If s/he left the US after a year overstay, s/he gets 10 year entry bar.

Can someone with some real experience tell me how often it happens that the police (or some other legal authority) checks individuals for visa/permission to stay/nationality?

Is a valid visa or green card necessary to be able to rent a house? Or does it depend on the person who is renting it?
Depends. THey may want to check credit history,. If one is overstaying B visa or so, s/he may not have SSN therefore no credit history. They may not rent.

Can you buy a car (new/used) in the USA without valid visa/green card? Or do you need to provide this for registration?




Thank you

re: sanctuary city. Look it up. It says plenty of places that in sanctuary cities, the law enforcement officers are told to not ask for visa or nationality (check it out).

 

[TheRealCanadian]

Thank you The Real Canadian but you didn't fully understand my question.

I suspect you didn't fully understand my answer, but we'll try again until we're both on the same page.

Can an immigrant, who has overstayed in the country, legally marry a US citizen in the the US as he is overstaying there?

Yes. There is nothing in the marriage laws that requires that either party be legally present in the United States. Two illegal immigrants can marry each other, and so long as neither is ineligible to be married to the other (based on prior marriage or blood relationship), the marriage is legal and valid.

And the person IS marrying a US citizen. So this immigrant, who has overstayed his visa, can he marry a US-citizen and stay in the country and then receive legal documents and legal permission to stay (green card) even though he has overstayed?

Yes.

Or does he need to travel back to his home country and wait any possible entry bans he has received from the US from overstaying?

No. This is NOT necessary, and as you correctly infer would be a bad idea.

Can someone with some real experience tell me how often it happens that the police (or some other legal authority) checks individuals for visa/permission to stay/nationality?

I doubt that there will be anyone here with "real experience", since the only person who can answer authoritatively are those doing the checks. Anyone else can merely provide anecdotes.

Is a valid visa or green card necessary to be able to rent a house? Or does it depend on the person who is renting it?

I've never been asked for immigration paperwork. The landlord will likely require a credit check, and without an SSN you won't be able to provide the info needed to do this.

Can you buy a car (new/used) in the USA without valid visa/green card? Or do you need to provide this for registration?

You can certainly buy a car, but it's almost impossible to get a Driver's License without proof of valid status.

re: sanctuary city. Look it up. It says plenty of places that in sanctuary cities, the law enforcement officers are told to not ask for visa or nationality (check it out).

It's worth noting that this limits the actions of local police, not ICE.

Bottom line, I suggest you get married, and have you and your spouse file the I-485/I-130 package as soon as reasonably possible. That gets you legal again, and allows you to get an EAD, an SSN and start building a legal life here.

 

[zantho]

So to get this straight:

A person (an alien: non-citizen, non-GC holder, non-criminal) goes to the US, enters legally with a visa, and overstays legal visa period by 1-2 years. During that time, the person works illegally.

After a period of 1-2 year overstay, the person falls in love and gets married to a US citizen, in the US.

Will this person's illegal overstay simply be "forgotten" because he has married a US citizen. Will this person not get prosecuted, sent home or banned entry from the US when he applies for Green Card through marriage? Will it not be obvious when he applies for a GC that he has been in the US illegally?

Does marriage to US citizen simply remove this violating which has been happening for the last years?

Can this person simply get married inside the US (without leaving) and also receive a Green Card eventually, even though there is an overstay of 1-2 years?

 

[TheRealCanadian]

Will this person's illegal overstay simply be "forgotten" because he has married a US citizen.

No, but once this person becomes a Permanent Resident (based on marriage to the USC) then there will be no consequences.

Will this person not get prosecuted, sent home or banned entry from the US when he applies for Green Card through marriage? Will it not be obvious when he applies for a GC that he has been in the US illegally?

It will be obvious, but once the I-485 is filed the alien is in legal status, and the illegal presence and unauthorized employment cannot be used to deny the I-485. Once the alien becomes a permanent resident, the overstay has no consequences.

Does marriage to US citizen simply remove this violating which has been happening for the last years?

The marriage does not, the green card does.

Can this person simply get married inside the US (without leaving) and also receive a Green Card eventually, even though there is an overstay of 1-2 years?

Yes.

 

[zantho]

Thanks TheRealCanadian.


Now I have one more question.

How much time does it take to get a green card after marriage with US citizen (approximately)?

And what would happen in the case of a divorce (if a non-citizen who has overstayed in the US, marries a US citizen, receives a Green card, and then something happens in their relationship and they get a divorce). Does the non-citizen lose his green card/permanent residency, and will now get prosecuted for overstaying? Or will the non-citizen maintain green card?

What if the divorce happens before the non-citizen who has overstayed in the US receives his green card? In that case he would not be able to receive green card anymore?

 

[zantho]

Thanks TheRealCanadian.


Now I have one more question.

How much time does it take to get a green card after marriage with US citizen (approximately)?

And what would happen in the case of a divorce (if a non-citizen who has overstayed in the US, marries a US citizen, receives a Green card, and then something happens in their relationship and they get a divorce). Does the non-citizen lose his green card/permanent residency, and will now get prosecuted for overstaying? Or will the non-citizen maintain green card?

What if the divorce happens before the non-citizen who has overstayed in the US receives his green card? In that case he would not be able to receive green card anymore?

Anyone?

I also have an addition to my question. TheRealCanadian mentioned that getting a green card through marriage to US citizen means any potential overstay which has occured in the US does not matter when a person gets green card. What about winning the green card lottery?

Let's say a Mexican goes into the US, overstay and works illegally for a few years, but participates in the green card lottery and wins. Is is then suddenly a permanent resident and his crime of overstay forgotten?

 

[elcupacabras]

I dont know the answer to your last question, but as for the greencard.....once the papers are filed, it takes approx 8 months to recieve your 2 year conditional greencard.

 

[GotPR?]

Can't adjust the status through DV under overstaying.

 

[sk28]

Mexicans can't enter the DV lottery. They send way to much of legal immigrants to US.