When should you hire an Immigration lawyer to represent you for an Adjustment of Status I-485 case based on marriage to a US Citizen or a Permanent Resident?

This year for the first time in my career as an Immigration Attorney, I’ve been contacted by multiple individuals who have gained US Citizenship without a problem, but upon applying for a US Passport, are being investigated by the US Passport Office for their immigration status. We knew that a De-Naturalization Task Force had been established to strip citizenship from those whose basis for being Permanent Residents was fraudulent. However, we had not seen this coming.

If you are on an H-1B visa, there is no reason you can’t get married to a US citizen as long as you honor the immigration laws and procedures that apply to most non-immigrants transitioning to an immigrant visa (marriage-based Green Card). The following are some important considerations to keep in mind:

• I have a student visa and my spouse has a Green Card. Can he apply for my Green Card now or should we wait until after he becomes a U.S. Citizen

• Will I get in trouble if I came here to study but ended up marrying my Green Card holding boyfriend/girlfriend?

• What if I overstay my student visa. Can I still get a Green Card if my Green Card holding spouse petitions for me?