Can she cross the border with our children? 4 Answers as of October 17, 2010

I met my girlfriend in Mexico. We are engaged to be married. We both have family in Mexico. I am a US citizen and she has the visa to enter. Our 2 children were born in the United States. If she has only a visa, can she still cross the border with our children?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
It appears that it is a very close question. First, your girlfriend has two children in the United States. Did she have them while she was illegally here? Second, your girlfriend is coming with a tourist visa. If you apply for a fiancee visa, it comes out that she had been in the USA illegally, and is trying to return (even legally), she is subject to being barred from returning to the USA for 10 years. If she comes in with the visa, it is risky, but may be her best option. She could be accused of using the tourist visa in order to gain a permanent resident visa, which can open her to being charged with immigration fraud. However, the CIS could also choose to allow her to remain and adjust status, which she could do with you by coming into the USA legally, marry, and then remain and apply for adjustment of status. Once she gets If you want to discuss the matter further, and you would like my help for you and your girlfriend, call or e-mail me, and we'll arrange a consultation.
Answer Applies to: California
Replied: 10/16/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
She can try to cross the border with the visa with the children. However, she will likely be refused entry for having immigrant intent, since her boyfriend and two children are all US citizens.

You should apply for the spouse visa for her. That would be the most legal and safe thing to do.
Answer Applies to: California
Replied: 10/14/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If the children were born in the US, they should have a US passport.
Answer Applies to: California
Replied: 10/14/2010
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