How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Wilton A. Person Your Own Question
Wilton A. Person
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4147
Experience:  Knowledgeable and experienced immigration lawyer.
Type Your Immigration Law Question Here...
Wilton A. Person is online now
A new question is answered every 9 seconds

hi goodnight question if someone over stays a month an is engage

Customer Question

hi goodnight question if someone over stays a month an is engage to be married an gets arrested for a misdemeanor is there anyway he can win his case an be allows to stay an get married
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Wilton A. Person replied 3 years ago.
Yes, it is possible for the person to person to be married and adjust status in the United States if the person overstays his visa and marries a US citizen because an overstay is forgiven based upon a marriage to a US citizen.

The misdemeanor would depend upon the nature and type of criminal activity because one crime involving moral turpitude could result in the deportation of the person. The general rule is that any crime involving fraud, deceit, or intent to harm others are considered crimes of moral turpitude. Some examples are arson, blackmail, receiving stolen goods, assault, forgery, or fraud. In most cases, DUIs are not generally considered crime involving moral turpitude unless a person is harmed or a third party's property is damaged.

In any event, it is always a good idea for a foreign national to retain an immigration attorney to review his or her criminal case to avoid pleading guilty to a crime that will have a detrimental impact on whether the person can remain in the United States or be required to leave.

If the criminal defense attorney is able to avoid a conviction then the arrest would not have any impact on a future immigration application.

Related Immigration Law Questions