Legal Question in Immigration Law in South Carolina
immigration law
Can a male illegal immigrant who is legally married to an american citizen and has a child with that person get deported?
3 Answers from Attorneys
Re: immigration law
yes he can be deported if he has not been granted legal permission / residency to stay in USA. Mere marriage is not sufficient to enable a person to stay in USA, post-marriage he need to apply for change of status and seek permission of authorities. If application has not been made or he has not been granted permission, he can be deported.
Re: immigration law
Yes. Now whether marriage to a US citizen will help him or not depends on various factors including but not limited to, "how did he enter the US?" "does he have a criminal record," etc. I suggest you schedule a consultation with an immigration attorney. If you would like to speak to us please email or call our office and we will schedule a consultation to let you know what options are and are not available.
Re: immigration law
This is a very complicated issue because the facts really determine the answer. The short answer is yes they can be but only under certain circumstances. I need more facts like when and how the person entered the country, how long they have been in the U.S., any prior immigration violations, etc. If you want to email me the info, I can give you a better answer.
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Answer I am from Romania and I am applying for a U.S. student visa. Thank you! Asked 8/28/08, 12:39 pm in United States South Carolina Immigration Law