I'm a EU citizen who recently got denied a green card. My husband is an American. What now?

Question

I've been living in the States for almost four years. I started off with a student visa, and got married in 07. I've been waiting for my permanent residency; yes I've filed all the necessary papers and been on interview.

I recently got denied and don't know what to do? They haven't mentioned anything about me having to leave. Also, what happens if I get pregnant, not having a green card, even if I'm married to a US citizen? Will my child become US citizen? Are they going to deport me or will they grant me a green card?

Answer 1

You should speak with an immigration lawyer..

I am a U.S. citizen married to an Eu citizen and we have a baby together. We were not allowed to reside in the U.S. together because of a restriction on his visa. We had a lawyer and after trying to appeal our case for two years we lost.

It is important that you speak with a lawyer to discuss your options. We had to leave the country .. .. We are currently living overseas..

Are you sure the paperwork was filled out properly because if you came on a F1 visa there should be NO problems?

Did you come in on a J1 visa with a 2 year home rule restriction? If so, take my advice save your money on lawyer fees and return home.. It almost impossible to overturn a J1 visa restriction!

Hopefully you and your husband will have better luck with the immigration process. Best of luck..

Answer 2

Why would they have denied you?? That doesn't make sense. Did they give you a reason?

Answer 3

You are never going to get a green card.  You married on a student visa and automatically triggered a marriage fraud investigation because you did not leave the US.  Any student visa is issued on the condition that you leave upon completion/termination of studies.  Marriage terminated the student visa.  You did not follow the rules, and you are not permitted to remain in the US.  Go home before you are arrested, detained and deported.

Do not get pregnant!  You can be deported anyway, and you would have to provide for your kid in your home country.  And if you have a child before you got deported, the baby will be taken from you and go to your husband (since he is a US citizen) while you get deported.

Answer 4

1) Why did you get denied?

2) You can change status on an F-1 visa if that is the visa you had.

3)If you get pregnant you will most likely have a child (maybe twins or ...)

4) As your husband is a US citizen your children will be US citizens as soon as they are registered.

5) Without knowing why you were denied it  hard to say.

Good Luck!

Answer 5

Your child will be a us citzen you will not be and will be deported.

Answer 6

you MUST contact an immigration attorney as soon as possible, if they denied your case, in the letter they sent you may say if your case can be appealed or not, in most cases you can appeal the decision and usually they explain to you why the case was denied, if you don't know why then just call and ask them, they must give you a reason.

if you appeal you must go to immigration court but it is necessary to have an attorney, do it now because it's more difficult when you already have an order of deportation.

if you voluntary leave or you get deported you will be banned 10 years and if you really want to live here appeal that decision and don't let go all the effort done this far.

don't worry about your child, he's gonna be a US citizen if he's born in here or everywhere else.

Answer 7

First of all, when and why were you denied? You have, I believe, 30 days to appeal the decision... did you apply with the help of a lawyer? If so they should be able to help, if not, get in touch with one ASAP and have them take a look at your case. It could be something simple that you did incorrectly such as an incorrect/missing form, or some missing documentation/supporting evidence.... when you had your interview did they mention anything that might jepoardize your case or ask for extra documentation from you? Your next step must be to get in contact with someone to find out why you were denied, I believe that there should be a number listed on the bottom of the denial notification.  If you get pregnant now and do nothing about this denial, chances are that you probably be deported before you give birth - having a child wouldn't help your case anyway, and this is not a good reason to decide to have a child! If you did have a child, he/she would be entitled to American citizenship, I believe, as the father is American. However, if you are deported this could have serious implications in case you ever try to come back to the US, which means you will either have to live apart from your husband, or he will have to come and join you in your country of current citizenship. Don't delay, get in contact with Immigration or and attorney and get some answers fast, the longer you leave it, the less you will be able to do to rectify this situation.

Answer 8

Now they have denied you, they will begin deportation proceedings. You need to speak to an immigration lawyer as soon as possible.

You being pregnant has no bearing on the decision to award you a green card or not. If the father of your baby is a US Citizen, or the baby is born in the US, then the baby becomes a US citizen. This still doesn't change your situation. The baby will be a US citizen, you still be an illegal alien.

I'd do some investigation into why the case was denied, and like I said, speak to an immigration attorney as soon as you can to go over any options you may have.