A non-immigrant/non-citizen visa holder marrying a US citizen

UPDATED: Oct 1, 2022

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A non-immigrant/non-citizen visa holder marrying a US citizen

There has been a rumor that if a non-immigrant/non-citizen visa holder
applies for change of status to immigrant status on marrying a US citizen
he/she will be denied and will be deported under the new rules. Is that true?
Does it apply to H1B or F1 or both?

Asked on December 19, 2017 under Immigration Law, Maryland


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Don't listen to rumors that are not based on laws.  If there is a valid marriage then a nonimmigrant who is in the US lawfulyl can marry a US citizen and petition the USCIS for a change of status to green card holder on the basis of that marriage.

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