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Immigration Issues/removal from the U.S.

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Question
Hi. I came in US in 2002 on K-1 visa and my fiance changed her mind. I overstayed illegally in US and now I am in the removal process. Meantime I got married with my wife who is on H1-B and the I-140 approved. What are my chances to remain in US?

Answer
Hi,

Entry on K1 visa and failure to marry the U.S. citizen within 90 days of entry to the U.S. fiance disallows adjustment of status. You cannot remain legally in the U.S. However, if you depart the U.S., you will be barred from coming back to the U.S. for at least 10 years for having overstayed your visa status for at least 365 days.

There is no solution, unfortunately.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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