Post #62988 by bighairymike on the US Policy board

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"There are various exceptions to a visa overstay that you should be aware of. One exception is a provision in the U.S. law that allows immediate relatives of U.S. citizens to be exempt from the visa overstay. However, this exemption only applies to:
Spouses
Parents
Unmarried children (under the age of 21)

However, in order to be eligible for this exemption and for adjustment of status (meaning they can get a green card in the U.S.), the immediate relative must have a lawful entry into the U.S. If someone entered the country without going through a CBP officer, they will not be able to submit a green card application."

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So it seems clear and explicit that an immigrant who enters illegally and then marries a US citizen is NOT eligible for this exemption. How do we know that immigrant spouses seeking a green card exemption entered legally?

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