Legal Question in Immigration Law in California

Me and girl are currently working on her papers for becoming a permanent resident. She has to go to mexico for some time, and I do not want to leave her alone in mexico, right now im stuck in a lease and im fine with them taking my deposit, but hey are also charging a fee of 1020 for breaking. Couldn't my situation with my girl at least allow me to break with out having to pay for the fee, again i don't mind losing the deposit.


Asked on 8/18/10, 3:26 pm

1 Answer from Attorneys

ATYRIA CLARK ATYRIA S. CLARK & ASSOCIATES, ALC

You will have to elaborate on your question. I am not sure if you are asking an immigration question or a landlord-tenant question. If this is an immigration question, a lot of your decisions will have to turn on what your girlfriend's legal status is in this country. Did she come here on a visa or under the visa waiver program or in some other manner where she was inspected by an immigration officer or did she come here without inspection? If she came here legally, is she still in status (meaning has the date on her I-94 form expired or not) or has she falled out of status? If she came here legally and she is still authorized to be present in the US, she should be able to go to Mexico and adjust status through you without any forseeable problems. If she came here legally but fell out of status, she may want to avoid leaving the US because if she does leave (depending on how long she has been out of status), she will be barred from coming back to the US for up to 10 years. If she came here without inspection (i.e., illegally) then she will have a problem adjusting status whether she stays or leaves (depending on some other factors). Please feel free to email me privately at [email protected] to discuss her particular case in further detail.

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Answered on 8/23/10, 3:59 pm


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