Legal Question in Immigration Law in Indiana

Re: Would this person be allowed to re-enter the US?

If you overstay your departure date on your I-94, it doesn't matter whether your visa is valid or not -- you may have difficulty reentering the U.S. b/c you failed to depart timely. If you marry a U.S. citizen in your home country, you will have a bit of struggle trying to convince the consular officer that you overstayed your departure date due to some unforeseen circumstance -- no circumstance is usually excusable with a consular officer -- rarely. If you marry, your U.S. citizen spouse has to file that I-130 immediately and it must be approved before any consular officer will even see you. That takes at least 6 months (unless your attorney has everything wrapped up to get an almost instant decision). Second, he or she will have to get all the documents prepared for the Department of State including your visa applications, etc. That takes approximately another 4-6 months. Eventually, if all works well, you will be allowed to enter and will receive your adjustment of status -- temporary if you are married less than two years, permanent if married more than two years. Note: if you are still in the U.S. get married now and get going on the applications -- you may be able to adjust your status while you are here in the U.S. even though you overstayed your departure date. If you have questions, contact my office -- we practice all over the country and have a high rate of success with adjustment cases via marriage. Or get a good attorney on your side. Good luck!

Re: Would this person be allowed to re-enter the US?

It may be difficult to re-enter if he overstayed. Even more difficult if he overstayed for over 6 months as he would then be subject to the 3 or 10 year bar.

Marriage to a U.S. citizen would allow filing of a K-3 spouse visa petition, but this takes times to process.

You may find detailed information on the process here:

http://www.msclaw.com/K_3_Spousal_Visa.html

Re: Would this person be allowed to re-enter the US?

The answer to your question depends on how long the foreign national overstayed prior to leaving the United States and if he/she still has a valid visa in his/her passport. If the foreign national gets married to a US citizen, he/she will have to wait in his/her home country before re-entering the United States (if eligible). You should consult with an immigration attorney to determine the foreign national's ability to re-enter the United States.