Can someone be deported for being here on a fiance visa if divorced? 2 Answers as of April 25, 2011

My friend has told me that he is here on a Fiance Visa. Is it possible for him to be deported with this? He was married and now divorced, thinks he would be deported because his case with Immigration never went further than that (he's not a permanent resident or anything like that).

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Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
The fiance visa would no longer be valid and if he never obtained lawful permanent residency while he was married, he must now be accumulating overstay as one now staying on in the U.S. without the proper legal authority to do so. And, yes, at such point that he's discovered and detained by U.S. immigration authorities, he could then be placed in removal proceedings.
Answer Applies to: Virginia
Replied: 4/25/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Yes, if he overstayed his visa, i.e, 90 days after he came in US. He is undocumented and would be deported unless he has defense for that. If you need help, please feel free to contact us for consultation.
Answer Applies to: Florida
Replied: 4/25/2011
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