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I got married to a U.S citizen I was talking to for 2 years when I came to the U.S on a VWP pilot program. We stayed together as she didn't want me to leave because bad thing were happening on my island and she didn't want me to go back. So she said "let's get married". We did because we really loved each other and we stayed together for 5 years. But she never filed the petition for me.

We ended up separating because of her insecurities got accused of criminal mischief had a couple bench warrants which all were time served no felonies, but I was picked up by I.C.E then released under supervision during covid. I've stayed married up to this day but I was arrested again (on wrongful arrest charges which were dropped), but still ended up in I.C.E and was sent back to my country on an overstay.

Would I need an immigration lawyer for this situation?

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    What is the question? Commented 2 days ago
  • 5
    I'm going to go with "Yes"!
    – Doc
    Commented 2 days ago
  • 5
    Note: the problem is overstay so most of the rest is not relevant. It is your task to check visa validity. In my opinion, you assumed wrongly that wedding would reset things (as it happens on other countries, but there anyway probably wedding officials will not allow you to marry a person without correct visa permissions). But so get a lawyer, but also a precise question to him: do you want US citizenship? Do you want to be able to live in US? (but you are no more married), or just enter again in US with VWP? Commented 2 days ago
  • 8
    Nothing about this situation is remotely resolvable without the help of a qualified lawyer. Probably not even then. IMHO your chances of getting back to the US are vanishingly small. Ditto for going to many other countries, with that history.
    – Traveller
    Commented 2 days ago
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    @jwenting marrying someone you're in a genuine relationship with because it will enable you to stay in the US is not a violation.
    – phoog
    Commented 2 days ago

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