What should I do if I want to marry an illegal immigrant? 7 Answers as of July 18, 2011

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.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
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.
Answer Applies to: California
Replied: 7/18/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
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.
Answer Applies to: Nevada
Replied: 7/15/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The easiest route is hard to say based on the information that you provided. This is because there may be other avenues that you may not have explored with her for lack of knowledge. The recommended way is to file an I-130 petition after you marry and wait for it to be approved and sent to the National Visa Center (NVC). When the NVC is ready to process her visa, they will contact the both of you and request more documents, applications and money. When all that is done they will set up an a visa interview date for your wife. But she is not guaranteed to get the visa since she came here without a visa or overstayed her visa for 6 years (I don't know which is right), in fact I am certain that she will be denied a visa without a good waiver being submitted on her behalf. There is more but you get the idea. I think you should hire an attorney and have them work for you. He/she will listen to your wife's history and ask the appropriate questions in order to come up with a strategy to get your wife a green card here or abroad. You will be advised about whether to marry here or abroad depending on the circumstances your case will present. Of course, there is more. That is the easiest way to do it. Good luck!
Answer Applies to: California
Replied: 7/15/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
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.
Answer Applies to: California
Replied: 7/15/2011
Law Offices of Iman Abouelazm, P.A.
Law Offices of Iman Abouelazm, P.A. | Iman I. Abouelazm
If you are a US citizen, you may marry her and petition for her permanent resident status. If she entered the US with inspection, she may adjust her status while she is in the country, notwithstanding any issues that affect her eligibility. If she entered the US without inspection, she will need to consular process outside the country and apply for a waiver. ** Please note, this is a general answer to your question. Please speak to an attorney about your specific case for more accurate and reliable legal advice.
Answer Applies to: Florida
Replied: 7/15/2011
    Law Office of Baoqin Wang
    Law Office of Baoqin Wang | Baoqin Wang
    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.
    Answer Applies to: Oregon
    Replied: 7/15/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    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?
    Answer Applies to: Texas
    Replied: 7/15/2011
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