Will having an overstayed visa affect my marriage? 8 Answers as of August 08, 2011

I want to get married to my boyfriend in west virginia. I am currently on overstay an I'm concerned this may cause me a problem. I have a outstanding contempt of court charge for a traffic citation, driving without a safety, which I am hoping a lawyer will take care of for me in another state. Would this effect my getting married?

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Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
You can still adjust status even if you overstayed your visa if married to a US citizen.
Answer Applies to: Texas
Replied: 8/8/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If your visa was a tourist visa or any other visa that does not have any restrictions, you may apply for adjustment of status if you marry a USC. Regarding your other question, you will have to make sure there is no warrant for your arrest.
Answer Applies to: Nevada
Replied: 8/5/2011
All American Immigration
All American Immigration | Tom Youngjohn
I recommend you get a second opinion from another immigration attorney. Tricky, but handled right you should be fine. I'd recommend you get your ducks lined up first, including getting a husband, getting an experienced immigration attorney, and getting an experienced criminal attorney who the immigration attorney has confidence in. Then file for the green card, and, once you have your receipts from the filing, have the criminal lawyer take care of the warrant, with you making any appearance if necessary. You should not be taken into custody. (And you should not get an "ICE hold.")
Answer Applies to: Washington
Replied: 8/5/2011
Fong & Associates
Fong & Associates | William D. Fong
Your overstay, without any other immigration violations, will be forgiven under INA section 2459a), as you are married to a US citizen.
Answer Applies to: Texas
Replied: 8/5/2011
Yoo & Lee, LLP
Yoo & Lee, LLP | Winston W. Lee
There could be ramifications because you have overstayed your visa.
Answer Applies to: Washington
Replied: 8/5/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You can apply for a green card after getting married as long as you entered the U.S. lawfully even if you are with no status right now. A simple traffic citation would not prevent you from obtaining lawful resident status but you may want have an immigration attorney review the charge since there seems to more to it.
    Answer Applies to: California
    Replied: 8/5/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    No it shouldn't.
    Answer Applies to: Florida
    Replied: 8/5/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    If your spouse is a U.S. Citizen and you were admitted and inspected when you entered the U.S. Then you should be ok.
    Answer Applies to: Florida
    Replied: 8/5/2011
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