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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29018
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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No Eos no cos no iOS on visa if I get married and stay after

Customer Question

No Eos no cos no iOS on visa if I get married and stay after visa expires will my papers work
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Those annotations do not make you inadmissible. However, that does not mean that the USCIS cannot look at other facts and they have many resources available to investigate whether there was a fraud or misrepresentation to the CBP when questioned at entry. So for example, if the CPB officer asked you why you were coming and if you were going back home and you answered "yes" but had abandoned all your ties to your home country then the USCIS could consider your statements as being a misrepresentation or fraudulent. So the adjustment could be denied on that basis and not on the immigrant intent issue or the annotation. That is a red flag for them to look into more detail about your intent at entry and if you had an intent to return or lied.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 year ago.
if I get married and apply for a green card will they deny me if I overstayed?
Expert:  Judith Ludwic replied 1 year ago.

I don't know because I don't know what compelling ties you maintained to your home country, what you told the CBP officer was the purpose of your trip, when you entered, and how long you overstayed.

I am happy to discuss your particular details in a telephone conversation to help you determine if USCIS could consider your statements as being a misrepresentation or fraudulent when you entered.

You would not be denies based on the overstay, but they will look at the other factors for fraud or misrepresentation.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith