Will I be deported because I overstayed with my visa? 20 Answers as of January 08, 2012

He can sponsor you but you cannot obtain residence in the U.S. unless you entered legally, were inspected or are the beneficiary of a petition filed before April 30, 2001.

I doubt that you will be deported if your U.S. citizen husband files on your behalf. It should not matter that you came here at 9 years old.

If you were admitted at a port of entry (such as an airport or a border crossing), have not left since you turned 18, and you married a United States citizen who is petitioning on your behalf and you are otherwise eligible, you may adjust your status and get your green card while remaining in the United States.

No way to answer definitively without a complete review of your situation - do you have a criminal record? Were you ever removed? Did you ever return to your home country or leave the U.S. after overstaying your visa? is your marriage a good faith marriage? What type of visa did you enter on - visitor, crewman, etc? If otherwise a clean case except for the overstay then you should be fine and can expect permanent residency within four months of filing in most cases.

I do not know that you will be sent back to Mexico, but I dont know why your US citizen husband is filing a petition on your behalf without checking first to see what will happen. You need to confirm your exact situation with an experienced attorney BEFORE you take action to be sure that nothing bad will occur. In general, a person who enters the U.s. on a valid visa, and overstays, can still get their greencard in the U.S. through marriage to a U.S. citizen but there may be other things in your case that also affect the outcome.

If you entered the United States legally, with a passport, and have proof of legal entry (the "white card" in your passport) you should be able to adjust status to permanent residency based on marriage to a US citizen, without leaving the United States.

If your husband is a US citizen and you never left the US since arriving at age 9, you should not be deported if the marriage is valid and you have no criminal record. You should speak with an immigration attorney if you have any doubts about this.

You need to speak with an immigration attorney to review your situation. If you entered legally, married a US Citizen, and are otherwise admissible, you qualify to adjust your status while remaining in the US. However, qualifying does not guarantee approval of the petition. You should seek the assistance of counsel before moving forward with your petition.

You may be able to remain in the U.S. and do your application here since you entered legally. However, due to your overstay, I will recommend you contact an immigration attorney before filing anything with Immigration to appropriately screen your case for issues and possible waivers needed.

You will be fine under section 245(a). It forgives the overstay and unauthorized employment. Hire a good lawyer.