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Does Marriage Protect Somewhat Against Deportation?

Does Marriage Protect Somewhat Against Deportation?

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Old Apr 25th 2006, 2:41 am
  #1  
Steve
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Default Does Marriage Protect Somewhat Against Deportation?

I'm a US citizen (born and raised here) who just married an illegal
South American here in the States. We're in the process of applying
for her papers but all this immigration trouble in the news makes her
nervous. Does our recent marriage protect her at all against
deportation? Or if she submits her papers, does that give her an even
greater measure of protection? Any one know a good immigration lawyer
in the NY/NJ area? Thanks for any info.
 
Old Apr 25th 2006, 3:22 am
  #2  
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Default Re: Does Marriage Protect Somewhat Against Deportation?

Originally Posted by Steve
I'm a US citizen (born and raised here) who just married an illegal
South American here in the States. We're in the process of applying
for her papers but all this immigration trouble in the news makes her
nervous. Does our recent marriage protect her at all against
deportation? Or if she submits her papers, does that give her an even
greater measure of protection? Any one know a good immigration lawyer
in the NY/NJ area? Thanks for any info.

You don't say in what way she became "illegal". Did she come in using a valid visa which has since expired, causing her to overstay and thus become illegal? Or did she enter the US without inspection, hence being illegal from the get-go?

There is a BIG difference between the two.

If she entered on a valid visa which has since expired, and assuming she has not left the US since it expired, then marrying a US citizen could help keep her here -- once she has filed for AOS, anyway.

If she entered without inspection, then she is basically SOL. Marriage to a US citizen does not protect her in that situation.

This is a simplistic answer so it is much better to consult with a qualified immigration attorney if you haven't already. I'm not familiar with any attorneys (in your area or otherwise) but hopefully someone else will have a recommendation.

~ Jenney

ps. Your post is sort of ambiguous on this point, but I hope you didn't marry this woman solely so she could stay in the US. That's immigration fraud.
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Old Apr 25th 2006, 4:11 am
  #3  
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Default Re: Does Marriage Protect Somewhat Against Deportation?

Originally Posted by Steve
I'm a US citizen (born and raised here) who just married an illegal
South American here in the States. We're in the process of applying
for her papers but all this immigration trouble in the news makes her
nervous. Does our recent marriage protect her at all against
deportation? Or if she submits her papers, does that give her an even
greater measure of protection? Any one know a good immigration lawyer
in the NY/NJ area? Thanks for any info.
Hi:

Depending on the facts, it does or it doesn't.

I do know some good immigration attorneys in NY/NJ area
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Old Apr 25th 2006, 5:04 am
  #4  
J Moreno
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Default Re: Does Marriage Protect Somewhat Against Deportation?

In article <[email protected] .com>,
Steve <[email protected]> wrote:

    > I'm a US citizen (born and raised here) who just married an illegal
    > South American here in the States. We're in the process of applying
    > for her papers but all this immigration trouble in the news makes her
    > nervous. Does our recent marriage protect her at all against
    > deportation? Or if she submits her papers, does that give her an even
    > greater measure of protection? Any one know a good immigration lawyer
    > in the NY/NJ area? Thanks for any info.
    >

Don't submit any papers until after talking to an immigration lawyer.
It's no protection at all...

--
J. Moreno
 

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