QUESTION

How can I reinstate my fiances legal residency status?

Asked on May 10th, 2011 on Immigration - Georgia
More details to this question:
My girlfriend came legally from Chile to the U.S. She is now illegal and we were contemplating marriage. I’m a Citizen of this amazing country. What steps can we take for her to become legal again and we have a happy marriage away from her immigration status? I’m a Citizen.
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3 ANSWERS

Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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If you are a US citizen, she entered the US with the intention of leaving on time but overstayed her admission period and you marry, you can file for a green card for her in the US. Given that she is out of status, you should meet with a competent immigration attorney in your jurisdiction to determine how your local DHS office handles that type of case. That attorney can also analyze all other factors of your case-finances, prior marriages, immigration history, etc to verify that there are no issues barring the green card application.
Answered on May 12th, 2011 at 9:47 AM

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Immigration Law Attorney serving Costa Mesa, CA
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Once you are married she is eligible to apply for a Green Card. You have to petition her by filing an I-130 Petition and she can apply for adjustment of status. There are other forms and applications, and supporting documents that must accompany the packet.
Answered on May 12th, 2011 at 9:27 AM

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Personal Injury Law Attorney serving Pooler, GA at Jarrett & Price, LLC
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Your question turns on several factors. I presume that since you called your girlfriend your fiance, that you will be marrying her. After your marriage, you can file to adjust status if she entered legally and does not fall under certain limitations that are specific to certain visas. The adjustment of status application process is quite involved and includes the filing of numerous forms and supporting documents. Just because you may satisfy the requirements to file for an adjustment, does not mean that the petition will be approved. The approval decision is reached after the weighing of several factors, including but not limited to, criminal history, the validity of the marriage, the evidence supporting the petition, as well as other case specific information. I would encourage you to speak with immigration counsel to determine where you stand in your case.
Answered on May 11th, 2011 at 11:48 AM

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