If a person has an outstanding warrant, is here illegally (expired visa) but wants to get married, what now?

Question

How do they untangle the legal mess?

The person has not been in trouble for more than 7 years and wants to make the situation right. Does it mean automatic jail time/deportation? Should he or she seek an immigration lawyer or a criminal lawyer?

Is there a statute of limitations on outstanding warrants?

Answer 1

If their is an outstanding warrent the right thing to do is turn themselves in and take responsiblity for their actions and then go from there. Get a lawyer too the legal system can be complicated.

Answer 2

That person needs to go home and get his affairs in order there.  Then they can apply to come back on a fiancee visa.  

No statute of limitations on outstanding warrants that I know of.

Answer 3

They should go home and stay! Then they wouldn't have to worry about the warrant.

Answer 4

There is nothing to untangle. He will never become a citizen and you are aiding and abetting.

Answer 5

Variable is about the only person who has answered even part of your question correctly.

Depending on the crime, the statute of limitations may have run out and the warrant expired (they are anywhere from 2 to 7 years, unless it is a felony).

If you want to get married, that is a separate issue all together. You can do so regardless. However, you may have to go to a state where he can file a marriage application if he is here illegally and doesn't have a SS#. Pretty much everywhere minus California, Nevada and a few places inbetween require a SS# in order to be granted a marriage license. You can easily check with the county clerk in these places to see their identification requirements.

Check the police department in the county where the crime was committed to determine if there is still a warrant out for him. Some places (like in North Carolina) have the means to do so online or through an automated telephone system. If he does have a warrant - bad for him - he'll need BOTH an immigration attorney and criminal attorney (similar to one of our clients who needed a family law attorney AND an immigration attorney). If the warrant has expired, he will need an immigration attorney to complete the process of residency (or at the very least, I suggest one b/c he has some issues not to mention it is a very long, delicate process). The attorney will tell you the same thing I hear them tell everyone: if he's already in this country (the US), get married. It will be easier to file an I-130 than a fiance visa since he has had other legal issues.

Answer 6

You definitely need a VERY good immigration attorney. Don't get married until you have talked to the attorney, because that will make the situation worse. You first need to deal with the warrant then get married. If you get married while in the country illegally you CAN NOT get legal until an amnesty law is passed.

Answer 7

They should leave the country they aren't welcome in. Problem solved.

Otherwise they should turn themselves in and serve jail time and then get deported and wait until they can legally return.

Answer 8

as far as i know, murder and possibly rape are the only 2 felonies in the u.s. without a statute of limitations.

to answer your question, i'd have to know what the crime was. the statuate of limitations might exceed 7 years. the open warrant could mean jail time or just deportation. i would think your friend would be deported, at the very least, but it's really up to the prosecutor and i.c.e. criminal lawyer first...them immigration.

as far a marrige goes, i'd hold off on that, until i knew what his legal situation was.

Answer 9

First, leave the country. Second, contact the local consulate in their home country, and ask if the warrant is expired. Third, apply for a visa and wait like everyone else.