QUESTION
What should I do if I want to marry an illegal immigrant?
Asked on Jul 09th, 2011 on Immigration - Texas
More details to this question:
My girlfriend is illegal now she has been for 6 years, I want to marry her not for just her green card. Will she be deported for 10 years because of her illegal crossing or can she go back home then apply,which would the easiest and less stressful route to take.
5 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Every case is unique. Best would be for you and your girl friend to consult on her options to become a permanent resident if you do marry, what the process will be (can she apply here or must she return to her home country and apply for a waiver to return), what are the costs, what is the timing, what are the chances of success, etc. If you would like to schedule a time to review this, contact me as indicated below or my staff can schedule a time to meet or talk. We do charge for consultations but fees paid for the consult are then credited toward the fees for your case if we are retained.
Answered on Jul 18th, 2011 at 1:36 PM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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It depends. If there were a qualifying petition filed that may be grandfathered, she may be able to adjust status in the US. If not she has to go back to her home country for consular processing. If she did not depart US after being here for aggregated 12 months and came back without permission, no criminal record and no prior deportation she may qualify for a waiver at the US cosnulate in her home country. Make sure you contact an immigration attorney with a lot of experience with waivers. Be aware of non-attorneys posing as "expert", "notario"...etc.
Answered on Jul 15th, 2011 at 3:43 PM
If your girl friend did not enter the United States on a visa, she cannot become legal without leaving the country. However, she cannot return for 10 years if she leaves the U.S. unless she obtains a waiver of inadmissibility. She would qualify for such waiver if you married and filed an immigrant visa petition on her behalf. She will then have to apply for an immigrant visa at a U.S. Consulate in her home country and submit a waiver application. The waiver requires her to demonstrate that it would be a severe hardship to you if you had to move to her home country to live with her. It is important to understand that you need to demonstrate unusual circumstances to establish hardship and it is within the discretion of the U.S. government to recognize your hardship and grant the waiver.
Answered on Jul 15th, 2011 at 12:30 PM
If she is not eligible to adjust status in the US, she needs to go to Mexico to apply for the visa and file for a waiver. This is only general information Please do seek formal attorney's advice before you take any actions.
Answered on Jul 15th, 2011 at 12:11 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It depends on how she entered the US and if she is qualified to apply for permanent residence while in the US. How did she enter the US?
Answered on Jul 15th, 2011 at 11:41 AM