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  1. #1
    Join Date
    Oct 2008
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    Default Marrying an Illegal Immigrant Who Entered With a Visa

    What if she came through legally with a working visa and all, but has overstayed and now the visa is expired. Would a case like this be any easier to avoid the 3/10 year punishment? can we take it to court and hope for the best? any information would help. thanks

  2. #2
    Join Date
    Feb 2006
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    244

    Default Re: Marrying an Illegal Immigrant Who Entered With a Visa

    If she is still in the US right now, after you marry, file for adjustment of status to get the legal permanant resident card. Once she has this card, she is free to travel back and forth without the 3/10 year ban. If she leaves before she has adjusted the status, then she will subject to the bans.

  3. #3
    Join Date
    Nov 2008
    Posts
    9

    Default Re: Marrying an Illegal Immigrant Who Entered With a Visa

    but once married and the papers are in the process...can she/he travel domestic??that's my concern too..thanks

  4. #4
    Join Date
    Feb 2006
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    Default Re: Marrying an Illegal Immigrant Who Entered With a Visa

    Domestically? Yes, she should be able to travel. However, recent news articles suggest that TSA is paying more attention to "resident documents". This means, that if she travels domestically with ONLY her country passport, there may be more scrutiny. I dont know if there is anything official that says while the case is in process, she would be safe to travel domestically.

    In the process to adjust status, one of the quickest forms to obtain is the work authorization I765, did you file this? With this document, you can obtain a drivers license and social security number. This will be proof of "residence" that should allow her to travel domestically without complications.

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