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  • Marriage to UK

    This is a two part question. My parents have a petition pending through my grandfather, who is a USC. The petition has a priority date of Dec 4, 2000. At that time my sister was 15/16 years old. Now she is 23 and ummarried. Will she be able to adjust her status once my parents petition date becomes current? i have had mixed research on this.

    My sister came here with my parents on a visitor visa and overstayed. she has gone to school, not left the country, etc. She is talking to someone who is a UK citizen. What is the process for her to able to move there if they decide to get married. She has an indian passport. if does she have to worry about the 10 years bar while leaving the US? what are the different options. Please advice.

  • #2
    This is a two part question. My parents have a petition pending through my grandfather, who is a USC. The petition has a priority date of Dec 4, 2000. At that time my sister was 15/16 years old. Now she is 23 and ummarried. Will she be able to adjust her status once my parents petition date becomes current? i have had mixed research on this.

    My sister came here with my parents on a visitor visa and overstayed. she has gone to school, not left the country, etc. She is talking to someone who is a UK citizen. What is the process for her to able to move there if they decide to get married. She has an indian passport. if does she have to worry about the 10 years bar while leaving the US? what are the different options. Please advice.

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    • #3
      She is subject to the 10 year bar and cannot adjust in the U.S. The bar has nothing to do with her immigrating to the UK. UK citizens can bring in their spouces immediately. If she departs the U.S., she cannot re-enter the U.S. as she violated the terms of her last admission. The best option is for her to go to the ICE office to request to be placed into proceedings as she has 10 years illegal presence and can apply for withholding of deportation.

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