Whether a foreign national can remain in the U.S. after marrying a U.S. citizen depends upon how he or she entered the U.S. An applicant who has legal status to stay in the U.S., such as a non-immigrant visa, may obtain permanent residency by filing a petition for alien relative by the U.S. citizen spouse and an application for adjustment of status.  If the foreign national entered the U.S. lawfully, but overstayed his/her visa, then the foreign national is removable; however, despite his/her removability he/she will be able to adjust his/her status if they are married to a U.S. citizen.  On the contrary, if the foreign national entered the U.S. unlawfully, then the foreign national will not be able to adjust his or her status in the U.S.  Instead, he or she must leave the country.  The foreign national will be given an opportunity to appear at the U.S. Consulate in the home country to interview for an immigrant visa.  If the foreign national is currently facing removal in immigration court, and if he/she is qualified for “voluntary departure,” he/she may apply with the immigration judge for voluntary departure so that there is no record that the applicant had been ordered to be removed from the U.S., which may bar the foreign national from coming back to the U.S.

 

Contact the Immigration Lawyers at Smith & Garg today for more on staying in the USA.