If USCIS discovers that you have entered into a marriage for the purpose of evading immigration laws, you may face numerous consequences, including imprisonment and monetary fines. You will also be barred from submitting other immigration applications in the future.
Yes, you may apply for a green card through VAWA even if you overstayed your visa and worked without authorization. Pursuant to section 245(a) of the Immigration and Nationality Act (INA), a person is ineligible to receive a green card if she failed to maintain lawful status in the U.S. or violated the terms of her nonimmigrant status. But pursuant to INA sections 245(c)(2) and (c)(8), these restrictions do not apply to applicants for a green card through the Violence Against Women Act (VAWA).
If you remain in the U.S. longer than the time allowed, you will begin to accrue unlawful presence. If you leave the U.S. after accruing unlawful presence, you may be banned from returning for either three years or ten years. If you accrued more than 180 days but less than one year of unlawful presence during a single stay in the U.S., you will be barred from reentry for a period of 3 years. If you accrue more than one year of unlawful presence, you will be barred from reentry for a period of 10 years.
You must answer “Yes” to these questions and any other applicable questions. For immigration purposes, the expungement or sealing of a criminal record does not mean the criminal record does not exist. You must answer all questions on the green card application truthfully without regard to the expungement of your record.
Depending on your age, your application to become a U.S. citizen may be affected by your failure to register for the Selective Service. If you are a male over the age of 31 years old, failure to register for the Selective Service will not affect your application. However, if you have failed to register for the Selective Service, and you are a male between the ages of 26 and 31 years old, your application to become a U.S. citizen will be difficult. If you are under 26 years old, you still have time to register for the Selective Service and avoid the negative consequences of failing to register.
Lying on your tourist visa application will affect your green card application. When you apply for a green card in the U.S., the United States Citizenship and Immigration Services (USCIS) officer who processes your application can review all your prior visa and immigration applications, including your prior visa applications. If USCIS discovers that you or your agent lied on your tourist visa application, it can deny your green card application.
Pursuant to the “Adam Walsh Child Protection and Safety Act,” U.S. citizens and permanent residents who are convicted of certain crimes against minors are barred from applying for green cards for their relatives.