Immigration Issues/OPT


QUESTION: Hi!Robert. I have a question regarding to my OPT. My Opt is experied on 3/23/07. I know I have 2 months grace period to stay here. That means I can still until 5/23/07 legally.I planned to get marry with my boyfriend who is US citizen. However, my boyfriend filed the divorce 6 months ago and he is still waiting for the decree date from the court. He asked the court already and he should able to get the date the end of this month. Once he gets the decree date , then we will get marry ASAP. But I am afraid we are not able to get it before 5/23/07 .I just wonder do I need to leave in order to get my citizenship afterwards or I can still stay here even I passed the grace period and then just get marry as long as we know the decree date? Is it gonna to cause any problems if I do it in this way? The break will only between less than 1 month.Please let me know and thanks a lot.
ANSWER: If you marry USC you can overstay and file anytime.



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QUESTION: But isnt it there have a new law started in this year saying that all people need to enter or stay legally in US in order to get the citizenship ?If they are not stay here legally , no matter they are going to marry USC, they still cannot get the citizenship.Is that right?

No such law and you are not getting citizenship, you are getting a green card. You can overstay many years illegally and if they have not caught you and you marry a citizen you can get your green card here. You just can not leave after being illegal for more than 180 days until you get your green card or they will bar you for 10 years.



Immigration Issues

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Robert Hollander<B> Esq.</B>



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