Will I be deported if I stay after filing adjustment of status? 16 Answers as of April 30, 2013

My son and I have overstayed our visit here in the US. I plan on marrying my best friend/fiance who is an American citizen but I'm afraid I'll get deported after I file my adjustment of status and will be banned. Will I be safe once I file the adjustment of status? My son and I are in no trouble at all with the law and I'm not working.

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Law Office of Rebecca White
Law Office of Rebecca White | Rebecca White
You will want to consult with an immigration attorney to be sure you are eligible to file, but assuming you are eligible to file for adjustment of status you may typically remain in the US without issue while waiting on the adjudication of the application.
Answer Applies to: Washington
Replied: 11/21/2012
Immigration Attorneys, LLP | Robert R. Gard
If you were legally admitted, you would likely be permitted to remain while the adjustment of status is being processed. A separate I-130 petition would be required for your son (as there are no derivatives under immediate relative petitions), but your future husband can petition for your son only if he is under the age of 18 at the time of your marriage.
Answer Applies to: Illinois
Replied: 11/21/2012
SwagatUSA, LLC
SwagatUSA, LLC | Dhenu Savla
While there is nothing to say that you will not get deported, it is unusual to find people deported without any crimes or any other reason for the deportation.
Answer Applies to: Illinois
Replied: 11/20/2012
Universal Law Group, Inc. | Francis John Cowhig
Unless you are picked up before you marry and your wife files for you, you should have no problem once your wife petitions you. You may however need a waiver for your overstay. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answer Applies to: California
Replied: 11/20/2012
Law Office of Jeffrey Lisnow | Jeffrey Lisnow
Your best bet is to speak with an experienced Immigration Attorney BEFORE you do anything. A denied case can lead you to being placed into into removal proceedings. Good luck.
Answer Applies to: New York
Replied: 11/20/2012
    Pacifica Legal Services
    Pacifica Legal Services | Floyd Fernandez
    Dear Sir/Madam, If your entry into the U.S. with your son was legal (tourist visa, etc.), then you may marry and your fiance may petition for you and your son for legal residency, even if you overstay.
    Answer Applies to: California
    Replied: 11/20/2012
    Langford Law Firm
    Langford Law Firm | Theresa Langford
    Why do you think you will be deported/removed? Since it is an overstay, your entry must have been legal, and you state that you have not violated the law while here. When you marry, your USC spouse can petition for you, and you can simultaneously apply for residence. Consult with an attorney to discuss all of your concerns and to prepare your package for you. Good luck and congratulations.
    Answer Applies to: Texas
    Replied: 11/20/2012
    Mayo Mallette PLLC
    Mayo Mallette PLLC | Thomas J. Rosser
    If you came into the U.S. based upon a "lawful entry" and have overstayed, you should be able to proceed with a spousal adjustment of status process toward an I-551 "green card" based upon your marriage to a US citizen (a process that will normally take over a year to complete). You and your soon-to-be USC spouse should seek professional counsel for the extensive concurrent filing processes with a competent and experienced immigration lawyer.
    Answer Applies to: Mississippi
    Replied: 11/20/2012
    The Law Office of Khoa D Bui
    The Law Office of Khoa D Bui | Khoa D Bui
    In my opinion you will not be deported if you marry your US Citizen fiance, file for adjustment of status and stay. There is a automatic waiver applicable to your situation.
    Answer Applies to: California
    Replied: 11/20/2012
    Law Office of Eric Fisher | Eric Fisher
    If you entered with a visa, you can file for adjustment at the same time your USC husband files an I-130 petition for you.
    Answer Applies to: Colorado
    Replied: 11/20/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Answer to this question would require much more information from you. I would need to know how you came to this country in the first place. On which visa, or manner did you enter last? What does it mean - best friend/fiance? Does it mean the marriage is genuine or the whole idea is spurious? These are but initials matters I would need to an idea about before I can answer your question in any meaningful way.
    Answer Applies to: New York
    Replied: 4/30/2013
    Kevin Bluitt, Attorney at Law
    Kevin Bluitt, Attorney at Law | Kevin Bluitt
    Since you are an overstay legally speaking you are unlawfully present in the United States and therefore could be placed in removal proceedings. However, practically speaking, once you file your adjustment of status you should be fine. Assuming you have a bonafide marriage and no other reason that you cannot adjust you and your son will most likely be residents within 6 mos. of filing. The fact that you are an overstay will not be a problem. This is very common.
    Answer Applies to: Florida
    Replied: 11/20/2012
    Law Offices of Svetlana Boukhny
    Law Offices of Svetlana Boukhny | Svetlana Boukhny
    IF the marriage is valid (for the right reasons) you will not be deported but will qualify for adjustment of status, if you entered the US lawfully. If the marriage is for immigration purposes only (you mention it is your best friend so it is not clear what the intentions are), then your application is likely to be rejected if the marriage is not bona fide. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter. Thank you.
    Answer Applies to: California
    Replied: 11/20/2012
    Law Office of Bijal Jani | Bijal Jani
    Any application for green card/adjustment of status is based upon a good faith marriage. If you can establish that the marriage is on a good faith basis and not just for immigration purposes, you should not have any issues. If the adjustment of status is denied, you do have the right to appeal the decision.
    Answer Applies to: New York
    Replied: 11/20/2012
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Should not be a problem. But marry soon and keep a low profile until you get your green card. If your son is under 18, the new stepfather can also file for him. Or see an attorney to go over your case.
    Answer Applies to: Michigan
    Replied: 11/20/2012
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    You can apply for adjustment of status after marrying a US citizen. You don't have to leave the US. And you will not get deported from the US. The process takes about 3 months from start to finish.
    Answer Applies to: California
    Replied: 11/20/2012
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