CLARKSBURG, W.Va. (WBOY) — Following a viral post made on Facebook detailing the detainment of a local woman’s husband at the Don Patron Restaurant in Weston, the comments were flooded with questions as to how this was possible, given that the couple was recently married.12 News spoke with Robert Bolton, a lawyer and national security professor from Fairmont State University, about the legality of these events, including marriage, visas and law enforcement entering the workplace.“From a legality standpoint, there’s nothing to prohibit an American citizen from marrying someone who is an alien, be they someone who is here as a permanent resident, a visitor, or someone who is an illegal alien,” Bolton said. 75% of those detained by ICE in federal operation had no criminal record, ACLU-WV says A now-deleted Facebook post claimed that those detained had expired visas. Bolton said that there are three types of visas someone can apply for:A student visa, which is for those looking to enter the country as an undergraduate or graduate student, and allows them to stay in the country while pursuing their degree.A visitor visa, which typically lasts 180 daysA visa that one would apply for if seeking asylum, working or looking to become a permanent resident.Bolton said he does not know what kind of visas those who were detained had.“I don’t know in this particular case which visa they were using to enter into the United States, but typically what happens when the visa expires, if you have not already sought and obtained an extension of your visa’s term, you have to leave the country, reapply, and then once it has been granted, you can reenter the United States,” he said.As for ICE entering the restaurants and detaining employees during operating hours, Bolton mentioned a couple of regulations.“If you’re going into an area that the employer does not allow ICE to have access, they are going to need a warrant before they can enter those closed areas that aren’t publicly accessible,” Bolton said. “But if it’s in an area where an ICE officer would be entering a restaurant, just like they would a normal member of the public, I don’t see a big problem, from a legal standpoint, with that. If the owner of that business has not barred them from the premises already.”Bolton also said that although it is illegal to overstay a visa, it is not, by itself, a crime.Copyright 2026 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. For the latest news, weather, sports, and streaming video, head to WBOY.com.