Can I get into trouble if I marry an undocumented person?
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Can I get into trouble if I marry an undocumented person?
What if I want to renew my visa and I am married to this person who overstayed? If we move back home would it be hard to get her a visa?
Asked on March 10, 2012 under Immigration Law, Texas
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It depends on how long your spouse has been in the US as an overstay. If it has been more than 6 months, if you return to her home country, she will be barred from reentry to the US for a period of 3 years. If she overstayed by more than 1 year, she will be barred from reentry for a period of 10 years once she departs the US.
Depending on your immigration status in the US and your spouse's way of entering the US (as an EWI (entered without inspection) or entered with a valid visa but overstayed), once you become a US citizen, you can petition for her permanent resident if she entered the US lawfully but overstayed.
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