What steps should I take to make my girlfriend a legal resident? 2 Answers as of March 17, 2011

I am a US citizen and I been with my girlfriend for 4 years already. She is illegal and we have a US born child that is 2 years old. My girlfriend came to this country at age 3 and since that time she been living in US. She’s a high school graduate and I would like to marry her and get her papers. What should I do? What are the steps I should take?

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
The first step is to petition her by filing an I-130 petition. If she entered the U.S. illegally and is not protected under 245(i), then she would have to complete the processing by filing for an immigrant visa at the U.S. consulate in the country she was born. However, due to her long illegal status she will need a waiver to return to the U.S. Waivers are difficult to have approved and should be handled by an immigration attorney.
Answer Applies to: California
Replied: 3/17/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Arrange to consult with a local immigration attorney to determine whether there might be a way to obtain a hardship waiver to regularize her status. (The answer is no, probably, there is not.)
Answer Applies to: Virginia
Replied: 3/17/2011
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