QUESTION

What is the quickest way for me to bring a person to the US?

Asked on Feb 27th, 2012 on Immigration - California
More details to this question:
I just became a green card holder 2 months ago and I am in love with a girl who is illegal here because she over stayed 7 months in US. She will go home in China next month. What is the quickest way to bring her back here in the US?
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8 ANSWERS

If she overstayed in the US by 7 months but she entered the US lawfully, once she leaves the US she will be barred from reentry for 3 years.You cannot confer any immigration benefits upon her until your petition on her behalf is approved and the priority date is current (if you are a green card holder) and that process currently takes about 2-3 years.
Answered on Mar 05th, 2012 at 2:56 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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if she leaves the US after 7 months overstay in the US, she is barred from returning for 3 years. In any event since your are LPR, the waiting time is about 2.5 years so you can file I-130 after you marry her and then just wait for the time to come. If she chooses not to leave the US, then you will have to become a US citizen in order for her to eventually adjust status to LPR. That will be for sure 5 years later.
Answered on Mar 01st, 2012 at 12:29 PM

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Immigration Law Attorney serving Troy, MI
Partner at Hilf & Hilf PLC
3 Awards
File I-130 petition for her. She will be barred 3 years from entering US, unless there is waiver of extreme hardship filed on her behalf. Also, the visa backlog may take 2-3 years waiting time anyway for her to be able to come back to US.
Answered on Mar 01st, 2012 at 6:50 AM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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She will be barred for three years for overstaying. If you marry her, you can petition her.
Answered on Feb 29th, 2012 at 11:35 AM

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Personal Injury Law Attorney serving Pooler, GA at Jarrett & Price, LLC
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If your girlfriend overstayed her visa and was out of status for more than six months, she will be subject to the three-year bar of reentry. I would advise you to speak with an immigration attorney in your area to determine what your options are.
Answered on Feb 29th, 2012 at 10:53 AM

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Employment-Based Immigration PERM - 1-140 (EB-1, EB-2, EB-3) and EB-5 (investment) Attorney serving Houston, TX at Hector J. Lopez, Attorney at Law
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There are several issues surrounding this case. Departing from the U.S. after having been unlawfully present in the U.S. for over 180 days will trigger a 3 years bar to enter the United States. If she stays unlawfully present over 1 year and departs, it will trigger the 10 years bar from the U.S. She will only trigger this upon departure and the only fix is to request a waiver for such ground of inadmissibility at the U.S. Consulate at the time of the visa processing. Due to the current retrogression for spouses of LPR's born in China, her wait can be of several years before she can apply for a visa. There is no guarantee how long it might take and you may be eligible for naturalization before she has a visa available under such preference category as a spouse of an LPR. I'm afraid there won't be any quick way to bring her back to the US as you expected. This is a complex matter which requires further and more detailed legal advice. I encourage you to hire a qualified immigration attorney with experience handling these type of cases.
Answered on Feb 29th, 2012 at 10:41 AM

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Leon Wildes
If she is not barred for 3 years from returning, she can try to come again provided she still has a visa she can use again; or, she may need to apply for a new visa.
Answered on Feb 29th, 2012 at 10:25 AM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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You need to have a full consult with a competent immigration attorney to fully vet her case and options. She is currently subject to a three year bar when she departs and that will be a ten year bar if she remains her for 365 days or more. Do not make any decisions on your own here.
Answered on Feb 29th, 2012 at 10:25 AM

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