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  • visa question

    Can someone please advise. A friend came over on a visitors visa and married and has stayed but has not started any paperwork yet. Would she be deported? What are the options of violating immigration laws?

  • #2
    Can someone please advise. A friend came over on a visitors visa and married and has stayed but has not started any paperwork yet. Would she be deported? What are the options of violating immigration laws?

    Comment


    • #3
      If she has married to a USC then her husband should sponsor her by filing I-130 and she should file I-485 AOS and I-765 EAD and other papers asap.
      Good luck.

      Comment


      • #4
        Yes she did marry a USC but he does not have a permanent job so I doubt if he can support her and her 10 year old child. Would they not send her back to her country of origin if they do not have the right paperwork?

        Comment


        • #5
          If her husband does not have a steady job or income, then he can arrange for Additional Affidavit of Support from friends or family. That will not be a big problem. They should file papers asap. It is possible that by the time she will called for interview she or her husband might have a steady job or both have enough income to satisfy BCIS requirements.
          Good luck.

          Comment


          • #6
            To: Taz

            Since, your friend hasn't file AOS application yet to adjust her status, she would be deported if BCIS finds out her whereabouts, unless she still has valid visa to stay over here legally. Marrying with the USC doesn't give the right to stay here automatically, nor it gives the guarantee to have green card for sure.

            Like Umesh said, she needs to file AOS application along with all others applications as soon as possible. But, it's very important that she files for work authorization/permit regardless of whether she will work or not. Otherwise, BCIS may deport her even though she would have pending application for AOS. If she obtains work permit then it means that BCIS gives her permission to live or work here legally until her AOS case is decided, and they won't try to deport her as long as her AOS is pending for decision.

            If her husband doesn't make enough income which needs to meet the govt criteria of 125% of poverty guideline, then she MUST need a joint sponsor also in order to furnish affidavit of support form, otherwise her case will be denied under a bar to permanent residence [green card/immigrant visa] and that bar is called-'likelihood of becoming a public charge', and then she would be deported at that point.

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