Legal Question in Immigration Law in New Jersey

Marriage to US Citizen

I would like to know how easy or hard it is to become a legal resident in the US. A relative of mine has overstayed her tourist visa for more than 5 years I think. She is in her mid 20's now. She met a guy who knows of her situation and is willing to marry her. She met him when he was 16 and he is 17 years old now. His parents knows the situation and have given their approval. Theirs is a love match since they met through one of their shared interests: videogames. She has also been working and taxes are being deducted from her paycheck. She files taxes but she has a bought sss card. My questions are: Does marriage with a US citizen automatically grant her free pass to legitimacy? If yes, how long is the waiting time to become legitimate? Does she have to go back to her country to file her papers when she gets married/after she gets married? Can she be deported through the marriage process since she had overstayed her visa and used fraudulent SSS number? I dont know when they are getting married or if they are just waiting until he turns 18 by the way. By the way he lives on a different state. I hope someone will be able to answer my questions. Thank you.


Asked on 7/12/06, 5:06 pm

2 Answers from Attorneys
Vincent Martin Hellmuth & Johnson PLLC

Re: Marriage to US Citizen

Marriage to a U.S. citizen does not grant automatic immigration status; however, it can be the basis for lawful status. The process typically takes 6-12 months. Under the circumstances as you described them, she typically would not have to leave the U.S. while the process is pending.

The central issue in your case appears to be the age of the petitioner (17); however, once he turns 18, his age will no longer be an issue.

If this couple would like assistance with their case, please feel free to contact me further at [email protected] .

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Answered on 7/12/06, 5:22 pm
Patrick Klauss Berd & Klauss, PLLC

Re: Marriage to US Citizen

By getting married, she will be eligible for adjustment of status and thus a Green Card. She will most likely not have to return to her home country as long as she can proove legal entry into the U.S. Her lengthy stay here in an unlawful status is not a bar to her adjustment. Her Social Security issue will most likely not be an issue as well.

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Answered on 7/12/06, 5:53 pm


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