Friday, December 11, 2009

Immigration / Citizenship Status... How would this work?

I know someone that is Russian and here on a student visa; however, her student visa has expired and she is no longer in school. She did marry a US citizen prior to her student visa expiring so, would that make her a legal citizen? Or is she technically here illegally? Would she run the risk of being deported back to Russia?Immigration / Citizenship Status... How would this work?
She will not be a citizen until she applies for citizenship. She needs a green card first and 3 years of legal residency.





She _is_ ';here'; illegally, since she has no status as her visa expired.





She _can_ be deported since USCIS doesn't know about her marriage.





However, she can apply to adjust her status/get a green card as she is now married to a US citizen. I would suggest she does this ASAP. (Form I-485 Application to Register Permanent Residence or Adjust Status, together with a form I-130 filed at the same time)





http://www.uscis.gov/portal/site/uscis/m鈥?/a>





http://www.uscis.gov/portal/site/uscis/m鈥?/a>





Filing fee: $1300+Immigration / Citizenship Status... How would this work?
Marriage to a US Citizen does not grant any automatic rights to residency or citizenship and since her student visa is expired, she has no status.





Until such time as her husband files for her to gain residency, she is at risk of deportation.
She wont be deported to Russia if she gets all of her documents in order and she can continue to stay here in the U.S.
Until her husband files for AOS ..she is an over stayer.. and as such could have a problem

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