Legal Question in Immigration Law in New York
International Student about to marry
I am an international student currently residing in NY. I have been involved with and am about to marry my boyfriend of 3 years who is a US citizen. The problem is that we are not scheduled to marry until the final papers of his divorce come through (all papers have been signed it is just going thru due process). The Fall semester is about to begin and because of the crippling tuition fees I am unable to register (I am 1 yr away from getting my BA). I have two questions 1)How soon will it take for me to be labeled ''out of status'' and thus subject to deportation, or whatever penalty the BCIS is now doling and 2) I have been employed by the school I attend; will I be required to wait until I marry in order to resume this job, especially since it really is only a matter of months before we marry? Or must I wait until we marry? Thank you for your response
1 Answer from Attorneys
Re: International Student about to marry
1. Under immigration laws there are different consequences of violating your visa status. If you are on a F-1 (student) visa, you are admitted D/S or for "duration of status." This means that for the purposes of 3/10 year bars on admission (and adjustment of status) you would have to be "found out" and determined to be out of status by USCIS or immigration judge before you start accruing "unlawful presence." However, simply violating the terms of your visa and not being enrolled in the course of academic studies while you continue to remain in the U.S. may have other important legal consequences for your future admissions, change of status and adjustment of status. Generally, overstay and certain other visa violations by themselves do not prevent aliens from adjusting status (applying for "green card") based on a marriage to a U.S. citizen; however, your specific situation must be reviewed to give you a specific answer. Feel free to contact my offices if you need assistance.
2. Unless you have work authorization, work on campus for foreign students is generally permitted only subject to valid student status but check with your school for details on that.
The above reply is in the nature of general information, is not legal advice and should not be relied on as such.
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