My cousin is married to a British citizen, living in USA, denied citizenship becuase of health, can he stay in

Question

My cousin is married to a man from the UK, he was denied citizenship becuase of his health. His passport needs renewing in October, next year. He came here on a holiday visa 3 years ago and has never left. What could happen to him? He says he can't work here, doesn't want to anyway. Could he be deported?

Answer 1

Of course, he can be denied and he could be deported.

Answer 2

If the authorities were to find out I would certainly think there is a good chance he may be deported. Even if they are married I would think the US authorities will take a dim view on it

Answer 3

I have a feeling you're mixing up your terminology which may change the answers you get here.

I presume that instead of being denied citizenship, he was actually denied an adjustment of status to get his green card.

Either way, if an application was denied, he reverts back to the status he was in before he applied. If that status was expired at the time of application, or expired during the application process, then he is now out of status and residing in the US illegally.

His desire to work or not plays no role in the situation, he is out of status and could be deported at the whim of USCIS. He needs to either seek the help of an immigration attorney who can help him through re-applying for an adjustment of status/citizenship application with a possible waiver for his health, or return to his home country to minimize the risk of a criminal conviction.