Legal Question in Immigration Law in California

Re: over stayed visa, but want to marrie in the usa

You should get a lawyer, Where is your futire spouse?

Re: over stayed visa, but want to marrie in the usa

It doesn't sound like the facts are entirely accurate. You can't be deported and be able to return whenever you want to. It's either one or the other. The Visa Waiver is no longer good if you overstay even by a day. Thereafter, you need a visa and issued by your home country.

If you are engaged to a U.S. citizen, some things are forgiven automatically and others need to be applied for and approved before you can return. I am very conversant in fiancee visas and I recommend that you go that route, depending on some other issues which I can consult you about. It's important to get into the details to advise properly. Without that, it's not really possible.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

Re: over stayed visa, but want to marrie in the usa

How many days did you over stay? What kind of crime you were convicted of?

Re: over stayed visa, but want to marrie in the usa

I agree with the first attorney that if you got deported, you can't just be admitted to the U.S. next time you want to come here. Usually a deportation (now called removal) will bar a person from the U.S. for at least 10 years. If your crime was a misdemeanor non-moral turpitude crime, maybe you received voluntary departure from the Immigration Judge, instead of a true removal -- I'm only speculating. If that was the case, the K-1 visa might still be issued to you from the consulate in London. A more serious crime, however, would most likely prevent you from even getting the K-1 approved since the criminal background check will of course pull up the conviction. It really depends what type of crime you were convicted of.

Larry L. Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.