Immigration rules can feel like a maze. It’s constantly shifting, layered with exceptions, and filled with deadlines that can decide your future. It’s easy to feel overwhelmed by uncertainty, whether you’re planning a move, helping a loved one, or simply trying to stay informed.
Every week, people in the United States and around the world share their most pressing immigration concerns. They search for reliable answers they can trust. That’s why in this edition, we highlight five of the most important questions asked online this week. Each question offers insight into the challenges and choices immigrants face today.
#1. I want to study in the U.S. on a student visa, eventually marry my American boyfriend when ready, and later obtain permanent residence and citizenship. Can I follow this path, or are there better options like transitioning from student to work visa?
Yes, this path is possible, but you must follow each step carefully. A U.S. student visa (F-1) requires proof that your stay is temporary and you will return home after your studies.
Marrying a U.S. citizen later allows you to apply for a marriage-based green card, but you must show the marriage is real and not planned only for immigration. After three years as a permanent resident married to a U.S. citizen or five years if you are no longer married, you may apply for citizenship.
Moving from student to a work visa (like H-1B) is also an option if an employer sponsors you. Each step has strict rules, so keep clear records, maintain valid status, and avoid overstays to protect future applications.
#2. My friend’s Mexican girlfriend was caught and removed for illegal entry in 2014, then reentered unlawfully in 2021 and has lived in the U.S. since. Can marriage, children, or any other process help her gain legal status despite the prior expedited removal?
This situation is quite serious. A person who entered the U.S. illegally after an expedited removal faces a permanent bar from most immigration benefits. Marriage to a U.S. citizen or having U.S.-born children does not automatically erase this bar.
To apply for any legal status, she would generally need to leave the U.S. and request special permission to reapply for admission (Form I-212) and a waiver of unlawful presence (Form I-601), both of which are difficult to obtain after reentry without inspection.
Remaining in the U.S. without status also carries a constant risk of detention and removal. It is critical that your friend’s girlfriend consult an experienced immigration attorney before taking any action. Filing the wrong application could trigger enforcement at this point.
#3. My coworker’s daughter has a two-year marriage green card and recently suffered domestic violence from her U.S. citizen husband, who now threatens to claim marriage fraud if she divorces. Can she safely divorce and keep her immigration status?
Your coworker’s daughter should focus on her own safety first. A conditional green card holder who experiences domestic violence can leave an abusive spouse and still keep her status by filing to remove conditions on her own (Form I-751 waiver).
She must show the marriage was entered into in good faith, even if it ended in divorce. Threats of reporting marriage fraud are common in abusive situations, but do not prevent her from applying.
It is important to collect evidence of the real relationship: photos, joint bills, leases, or affidavits. She also needs proof of abuse, such as police reports or medical records. She should seek help from a trusted immigration attorney or a domestic violence organization as soon as possible for legal and emotional support.
#4. I’m a Canadian planning to move to the U.S. to live with my partner, and I believe marriage might be the simplest route. How does the fiancé or marriage visa process work, and is there any easier legal path to immigrate?
For a Canadian moving to the U.S. to live with a partner, the two main family options are a fiancé visa (K-1) or a marriage-based immigrant visa.
The K-1 lets you enter the U.S. to marry within 90 days, then apply for a green card. A marriage-based visa (CR-1/IR-1) requires you to marry first, then complete the immigrant visa process through a U.S. consulate abroad.
Both options involve strict paperwork, interviews, and proof of a genuine relationship. There is no truly “easier” way if the goal is permanent residence. Some Canadians explore employment-based visas (such as TN for certain professions) if eligible, but these do not automatically lead to a green card.
Consulting an immigration lawyer can help decide which path fits your timeline and circumstances.
#5. My German fiancé was offered a U.S. research position on a J-1 visa, but he fears our engagement will signal immigration intent and lower his approval chances. Does being engaged actually increase the risk of denial for a J-1 visa?
Being engaged does not automatically hurt a J-1 visa application. The J-1 is a nonimmigrant visa, which means the applicant must show they plan to return home after the program.
Engagement itself is not a reason for denial, but it can raise questions about immigrant intent if other factors, like previous long stays or weak ties to Germany, make the officer doubt future departure.
Your fiancé should prepare strong evidence of home ties, such as employment, property, or ongoing education, and explain the temporary purpose of the research program. If the goal is truly to participate in the exchange program and return, the engagement should not prevent approval.
However, if long-term U.S. residence is planned, a marriage-based visa may ultimately be the safer and more direct path.
Get Help When It Matters
Immigration decisions carry lasting consequences, and having the right information at the right time is essential. If you have questions about your own situation, don’t navigate the process alone.
Visit ImmigrationQuestion.com to ask any immigration question for free and receive answers directly from qualified attorneys. With professional guidance, you can understand your options, avoid costly mistakes, and take the next step with confidence.
