You have to make up your mind to either have her go with you or you will have to go to Immmigration and go through the red tape of staying with her. The sooner you decide this the better. Meanwhile, you could have her visit you if it's possible until all papers are finalized. * Legally the only option the non citizen has is to file an appeal regarding the deportation. Even so, it's not likely he will be allowed to remain in the US. Depending upon how long he has been out of status within the country the US citizen can apply for a fiance visa for him (assuming they want to marry). FYI, marrying a US citizen will not prevent an unlawfully present foreign national from being deported.
Yes. Given the cited circumstances, a foreign national who remains in the U.S. after his visa has expired is considered "unlawfully present" and is subjected to deportation, per the Immigration and Nationality Act (INA). INA § 212(a)(9)(B); 8 USC §1182(a)(9)(B).
If you are not subject to a Home Office Deportation Order they can stay.
No. But only if the person already has US permanent residency.
There is no "quick way". The action of a foreign national marrying a US citizen when the only intent is to gain legal status in the US is a violation of federal law and is punishable by imprisonment, large monetary fines and permanent deportation. The USCIS has strict criteria for investigating suspected cases and due to the overall atmosphere towards foreign nationals the investigation of such is extensive. In other words they always find the truth and it does not take much evidence for the foreign national and the US citizen spouse to be charged with a criminal felony.
Yes, an NRI or Foreign National can be a Partner after obtaining a DPIN. At least, one of the partners has to be a resident Indian citizen.
The female was "unlawfully present" in the U.S. when she was married thereby likely disqualifying her as being eligible for permanent residence status even though she is married to a citizen. Foreign nationals who are found to have been living illegally in the U.S. for more than 12 months are subject to deportation and barred from applying for entrance for 10 years. The issue of her being pregnant might possibly help in waiving deportation and other penalties but that is not a certainty. The marriage of a foreign national to a U.S. citizen does not guarantee permanent residence status or citizenship as some believe, it simply changes the status and priority given to the applicant. It would be strongly advisable to obtain legal counsel from an attorney qualified in immigration issues as soon as possible.
AnswerOnly if the person can qualify for asylee or refugee status.The foreign national will likely be subject to deportation and will be barred from applying for reentry for the time specified under USCIS law.United States Citizenship and Immigration Services, http://www.uscis.govImmigration and Customs Enforcement, http://www.ice.govOr if one is not married they can merry a US citizen and apply to permanent residency without leaving the country.
No, marrying a U.S. citizen does not automatically convey permanent residency or citizenship. The proper procedures for obtaining resident status will need to be followed by the non-citizen, the issue of a criminal record may play a significant part in a decision by the USICS. (www.usics.gov)
No, you cannot leave the U.S. with an expired foreign passport.
You can't. The foreign national should contact immigration authorities rather than wait to be taken into custody. If the hearing was in connection with his being an undocumented foreign national in the US, he is subject to deportation to his country of origin.
No, she will not lose her nationality. Chances are she may also get foreign national's country citizenship too. However, marrying a foreigner does not have chances of losing nationality.
AnswerThe INS is now the Immigration and Custom Enforcement (I.C.E)You need to be careful! The INS is out and looking for illegal aliens! If they find you, you will be deported to the country that you are originally from. I am from a small town that has alot of illegal aliens and they all thought that they would be safe there, and that INS would not find them because it is such a small town. Well guess what?! They found them and 70 some illegal aliens were sent back to where they were from. Even if you are illegal and you get married to a US citizen, you are still illegal. Getting married does not make you a legal citizen of the US. I know because I married a legal alien and he still had to go to the INS to become a US citizen. Marriage to a US citizen does not confer permanent residence status or citizenship.The US citizen spouse can no longer apply for any status for a spouse who is unlawfully present in the US.Because of the length of overstay cited the unlawfully present foreign national is subject to deportation and will be barred from applying for legal reentry for the required 10 years.The exception is, if the foreign national qualifies for refugee or asylee status.United States Citizenship and Immigration Services, http://www.uscis.govImmigration and Customs Enforcement, http://www.ice.gov