Application For Green Card through marriage for illegal Immigrant?

Question

My brother's fiance came to the united states with a tourist visa which has since expired. Would it be possible to apply for a greencard through marriage even though she has been living here illegally for a while now? She is also enrolled as a pre-med student in college and wants to know if its worth the risk of being deported before completing her education

Answer 1

I have seen a few people get the green card even if they have overstayed their visa. I would suggest you go ahead and apply for it once you are married. If she is enrolled as a student is she studying as an International student or not? If she is then she should have an I-20 from the specific school showing that she has been in status.

Answer 2

I am in the same boat as your brother.  We got an immigration lawyer and she is trying to help us out.  I strongly suggest getting a lawyer instead of trying to do things on their own.   Best of luck to them :)

Answer 3

She is a deportable illegal alien, and will be barred from re-entry.  Marriage cannot "legalize" an immigration-law violator.  Is your brother certain he wants to marry someone who has committed fraud, immigration-law violations, etc.?  If so, he is a fool for setting such low standards for character, integrity, respect for others, etc. in a future spouse.  He will regret marrying such a person.  He should also consider that he is being used in an attempt to get around the law.

Answer 4

They are going to make her leave the country if you do. My advise would be for HIM to go talk to an immigration officer.

Answer 5

It is risky...

But it is worth a chance. Or maybe she should wait and finish her education and go back to her hometown. Once she is in her hometown ask your brother to file a petition (Fiance Visa) Then she can come in and marry him in the states within 90days. After they marry they can file for an adjustment of status. Good Luck!  

Answer 6

As long as she entered the country with a tourist visa her status CAN be changed with in the U.S. no matter if it is now expired or not.  Hire an immigration lawyer and her chances of not being deported will be higher.