Legal Question in Immigration Law in Alabama

Re: deportation

If your marriage was entered into in "good faith" and you can prove the bona fides [legitimacy] of the marriage, than you are eligible for a I-751 waiver provided you have already obtained a "conditional green card." This is submitted 90 days prior to the second anniversary of your conditional green card issuance. You must send in the adjustment forms asap.

Re: deportation

In general, if you overstayed your visa, your only option is to have a U.S. citizen spouse file an immigrant petition on your behalf and for you to undergo adjustment of status to a lawful permanent resident. Otherwise you are subject to a 10-year bar on admission to the U.S., and if you depart prior to receiving your green card you will not be allowed back into this country for ten years. If you divorce before the adjustment of status process is completed (with a few exceptions), you would be subject to removal (as you are now without having filed for adjustment). Marriage to a U.S. citizen alone confers no immigration benefits on you. Contact an immigration attorney to get advice on how to proceed.

This reply is in the nature of general information, is not legal advice and should not be relied on as such.