Unlawful status. Can I adjust through marriage?

[Coco35 0]

I was in your situation, overstayed my student visa and applied adjustment of status based on marriage back in 2014. My green card was approved within 5 months. I didn't have any big problems going through the process. So please don't be scared and you will be fine. As long as you came to US legally, you can adjust your status. Overstay will be forgiven.

[Expat1 971]

Thank you! Yes I have the entry stamp on my passport. And no there have never been deportation proceedings or anything else of the sort. This guy said he has seen arrests happen at interviews many times with people with cases like mine, (overstayers who then adjust through marriage) so of course it got us worried. But no thankfully we didn't give him any money, he just said those were his quotes if he were to take the case. Which is weird that he went from quoting us $1000+ to $500.

Has anyone here heard of an interview arrest? In more than 10 years watching thousands of cases here I dont recall it ever happening. Seen a lot of overstay forgiveness, never an arrest. Edited February 28, 2016 by Expat1

[EM_Vandaveer 2,370]

The whole arrest at AOS interview ONLY happens if there is an Order of Removal (= deportation order) on the alien spouse. Overstay is absolutely no reason on its own for an arrest to happen. Don't let the stupid lawyer scare you.

[MiaTher 73]

LOL guys, it turns out that the lawyer really didn't know the law, which makes me wonder how he even is licensed to practice. He called today and left a message saying that he "researched" after our meeting and he found out that indeed I can adjust my status through marriage and that he would be "honored" to take our case.

It's even funnier cause when my husband told him during our meeting that all the other lawyers we had seen never mentioned what he did, he said "well then they don't know the law" lol.

I would've been ok with him handling our case in the first place if he had known his stuff, but now since he has proven and admitted that he is clueless about the law he's supposedly specialized in, I trust him even less because he would probably mess our case up if we hire him.

Just wanted to share the amusement with you all and thank you again for your help and advice.

[Shauneg 762]

LOL guys, it turns out that the lawyer really didn't know the law, which makes me wonder how he even is licensed to practice. He called today and left a message saying that he "researched" after our meeting and he found out that indeed I can adjust my status through marriage and that he would be "honored" to take our case.

It's even funnier cause when my husband told him during our meeting that all the other lawyers we had seen never mentioned what he did, he said "well then they don't know the law" lol.

I would've been ok with him handling our case in the first place if he had known his stuff, but now since he has proven and admitted that he is clueless about the law he's supposedly specialized in, I trust him even less because he would probably mess our case up if we hire him.

Just wanted to share the amusement with you all and thank you again for your help and advice.

Thanks for following up. It will help others who are searching the forums.

[newacct 688]

They, in general, do not deport people who have a pending AOS application just because they are out of status. Even if you run into an immigration checkpoint somewhere, they would see your pending AOS and let you through. Even if, in the unlikely case, you were to be detained by ICE, they would drop the case once they verify you have a pending AOS, or the immigration judge would suspend the case until the AOS is decided. So there is no reason you should fear "arrest".

[EM_Vandaveer 2,370]

Arrest can happen, rarely. Like I said if a Removal Order is already out on the alien, for example. Now if the marriage took place AFTER the alien was put in removal proceedings, there is a higher presumption of fraud marriage so they really have to prove the marriage is bona fide, it's not a simple administrative thing on the part of the IJ. But in absence of removal proceedings, newacct is right, AOS NOA1 proves a new authorized period of stay until AOS is adjudicated and even if someone is detained (erroneously) while in the possession of one, they'll be let go soon after.

All this of course has nothing to do with OP's case, OP has a straightforward case. I personally would not even use a lawyer for it.

Edited March 1, 2016 by EM_Vandaveer

[MiaTher 73]

Arrest can happen, rarely. Like I said if a Removal Order is already out on the alien, for example. Now if the marriage took place AFTER the alien was put in removal proceedings, there is a higher presumption of fraud marriage so they really have to prove the marriage is bona fide, it's not a simple administrative thing on the part of the IJ. But in absence of removal proceedings, newacct is right, AOS NOA1 proves a new authorized period of stay until AOS is adjudicated and even if someone is detained (erroneously) while in the possession of one, they'll be let go soon after.

All this of course has nothing to do with OP's case, OP has a straightforward case. I personally would not even use a lawyer for it.

How can someone know if there is a removal order? Do they track down the immigrant and send them a letter or something like that? Do they go to their house? What if there is one for me and I don't know it? How can I find out? :/

[EM_Vandaveer 2,370]

How can someone know if there is a removal order? Do they track down the immigrant and send them a letter or something like that? Do they go to their house? What if there is one for me and I don't know it? How can I find out? :/

It's unlikely, but for your peace of mind a simple Google search yielded this:

Follow the following steps:

1. Find your Alien Registration Number (A#). It is on the I-94 card on your passport, greencard, work permit or any other document from immigration. It looks like: A99 999 999.

2. Call 1-800-898-7180. This is the hotline for the immigration court (EOIR).

3. Press 1 for English or 2 for Spanish.

4. Enter your A-number and listen for instructions. If your number is in the system, then this means that

you had a deportation case at some time.

5. Press 3 to find out if an immigration judge ordered deportation (removal) against you.

6. If the hotline says you have a deportation/removal order, consult a lawyer specializing in immigration deportation before you go to the immigration office, leave the country, or try to adjust your status.

Edited March 8, 2016 by EM_Vandaveer

[MiaTher 73]

Oh my gosh now I'm scared to call this number haha =( Thank you!