I have a cousin who came to US couple of years back on a visit visa which is valid for 5 years. He decided not to go back to Pakistan and has been living here since then. Now he is getting married to a desi girl who is US citizen.
My first question is - Is he living here legally or illegally? I’ve heard that you can only stay in US for a duration of 6 months on a visit visa and then you have to go back.
Second question is, if he is living here illegally would he face problems when this girl applies for his greencard & then citizenship after marriage?
Re: U.S. immigration question
His visit visa may be valid for five years but the actual length of legal stay is determined at the port of entry to the country. His passport entry should have the date/duration of time he could stay legally. I doubt it would be five years; six months or less is more likely. He could have stayed legal if he had taken a short trip out of the country before the end of his legal stay. Besides getting married, he could again become a legal visitor by going out of country and then re-entering on his visa (if the visa is still valid).
He may have to go back to his country of origin for his green card processing if he is considered to be present in this country illegally. It used to be that one could pay a fine and avoid going back for green card processing. I don't think this is the case any more. The laws keep changing, his best bet will be to talk to an immigration attorney and/or get the pertinent information from US CICS web site and laws.
Re: U.S. immigration question
Yeah he's going to talk to some professional about his situation. But I wanted to get some ideas beforehand.
Since he has prolonged his stay beyond 6 months, do you think they will let him come back even though his visa would still be valid for few more years? If he's allowed to reenter, would he have a clean record when his wife-to-be applies for his immigration?
Re: U.S. immigration question
Yes, they will let him back after his green card processes even after the fact that he overstayed. The "turkey law" (I think that's what's it was called back when Clinton was president) doesn't apply to spouses of US citizens. My cousin's husband got his visa same way and he was illegal in US for some time I believe. Although it did take him 2-2 1/2 years to come back but that was mainly due to the fact that it takes longer in case of a male coming from Pak than a female.
He should definitely talk to a lawyer and see if he can avoid going to Pak to get visa altogether. That would be his best bet.
Re: U.S. immigration question
So he has no choice but to go back to Pakistan and wait for his wife to apply? He can't continue to stay here or go back to pakistan and come back until his 5 year visit visa is valid?
Re: U.S. immigration question
I'm not saying that. That's a question that a lawyer can best answer.
Re: U.S. immigration question
before he does anything he should get a good immigration lawyer and talk to them to see what's the best way to do it.
Re: U.S. immigration question
he needs to get an immigration lawyer. i think he married U.S citizen while he was living here illegally. there is a special attention giving to the reason of marriage when an illegal marries a U.S citizen.
Re: U.S. immigration question
yea, i also suggest to hire a lawer to get the best possible way
Re: U.S. immigration question
Going back to Pakistan has lot to do with how long he stayed in the U.S ilegally. If it is more than a year than yes, otherwise he can adjust the staus.