QUESTION
What will I be facing if I marry my girlfriend to enter the US legally?
Asked on Sep 20th, 2011 on Immigration - New York
More details to this question:
My girlfriend of six years has been in the U.S. for 10 years illegally via a transit visa. She has a social security number and a driver's license and I'm not sure how she got them. She is returning home to the Philippines soon but I am considering marrying her after a few years to get her back to the U.S. legally. Can you tell me what hurdles; legal, financial, bureaucratic, I am going to encounter? Is this even going to be possible to get her successfully through immigration?
4 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Depending on the visa she entered on, how it was obtained and any other immigration or criminal violations; she will need to apply for a waiver of the 10-year bar. The waiver is granted based on an extreme and unusual hardship to a qualifying US relative. The process for an immigrant visa and waiver can be 6 months to several years depending on the consulate, the waiver board and the strength of the case.
Answered on Sep 21st, 2011 at 10:18 AM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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She is overstaying bymore than a year, therefore, she is subject to 10 year bar. If you get married, she will need to apply for a waiver to waive the bar. It is quite complicated and requires hiring an experienced immigration attorney.
Answered on Sep 20th, 2011 at 8:49 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You are asking good questions and any competent immigration attorney would need at least an hour to answer them. So I recommend that you both have a consult BEFORE your girlfriend departs the US. She will trigger a ten year bar the minute she leaves the US, based on the information in your email.
Answered on Sep 20th, 2011 at 6:30 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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She will be subject to a 10 year bar from returning as soon as she leaves the country. There is a waiver for this bar but it is difficult to get.
Answered on Sep 20th, 2011 at 5:44 PM