Gainesville, GA Immigration Law Firms & Lawyers

If a foreign national is unlawfully present in the U.S., such as by having overstayed a valid non immigrant visa, he/she will be at risk of being placed in removal/deportation proceedings if he/she comes to the attention of immigration authorities. Note also that unlawful presence of 180 days or longer can create a 3-year bar to re-entering the U.S., and unlawful presence of a year or longer can create a very harsh 10-year bar.

Applying for a visa before the 10-year bar is up will waste your time and money: you are inadmissible, and no consul can give you a visa. Worse, if - by mistake or mischief - a visa gets issued, an immigration inspector at the airport will turn you around and send you home. After the bar expires, your chances of obtaining a visa a slim, at best. If you apply, try to collect as much as you can proof of your ties to Ireland (this is where family, especially, children come to be considered). You are required to prove that, more likely than not, you will return home after the visit to the U.S. Property ownership, residential lease, a letter from an employer showing your gainful employment and his expectation of your return to work after this vacation; enrollment into a college for the semester after the trip to the U.S., etc. - anything that shows that you have obligations and commitments that will require your return to Ireland within a few weeks. Alternatively, at the end of your 10-year bar, your fiance can file an application for a K1 visa for you. This way, there will be no need to prove that you do not intend to stay in the U.S., and you can get married within 90 days from your arrival. After that, applying for a green card and living in the U.S. or going to Ireland will be your family's choice.

Just go to the county to register your marriage and then file the immigration paper. If you do not know how to file, hire an immigration lawyer to help you.