Can an illegal immigrant who overstayed marry and get a new visa? 5 Answers as of December 30, 2010

If an illegal immigrant who overstayed more than 2 years can they marry an A-2 visa holder and get a new visa? What is the process that needs to be done? Thanks for your help!

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The process would demand that the new spouse, who previously overstayed, would have to leave the USA, have the A-2 spouse petition for the new spouse, with a DS-156 application for non-immigrant admission, and petition for a waiver under I-212 of the 10-year bar you would normally obtain for having overstayed for more than a year and attempt to return. Given that you would be qualified for diplomatic immunity, it is possible, but it is a risk. You would have to do much to prove the marriage is for love and not for fraud. It would also help with your spouse's home country if you are a citizen of the same country. If you want to discuss the matter further in an in-person or phone consultation, by all means call or e-mail to set it up. Best to you.
Answer Applies to: California
Replied: 12/30/2010
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Thanks for your visa. Because you have overstayed your visa for over 2 years, you are subject to 10 years immigration bar, meaning, you will be allowed to come back on any visa for 10 years unless a waiver is applied and approved at consulate or you marry a US citizen and pay $1000 fine.
Answer Applies to: Florida
Replied: 12/11/2010
Law Offices of Daniel Richardson
Law Offices of Daniel Richardson | Daniel R. Richardson
No, the only way to adjust status when you overstay your visa is through marriage to a United States Citizen.
Answer Applies to: California
Replied: 12/10/2010
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
If you entered legally, and get married to an American citizen, you can obtain a green card. However, if you get married to anyone else, it doesn't help you.
Answer Applies to: California
Replied: 12/10/2010
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
It is possible and the process will depends on many factors, such as the manner of the original entry, the existence of other violations, etc.
Answer Applies to: Oregon
Replied: 12/10/2010
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