Legal Question in Immigration Law in California

Re: Need Advice - Girlfriend's F1 vis expired 12/31/2004

Visas (which are placed in one's passport by a U.S. consulate and which bear one's photograph) are needed only to apply for admission into the U.S. Once one has been admitted into the U.S., her visa's expiration means only that it can't be used for future applications for admission. Therefore, your fiancee's visa's expiration does not, in itself, threaten your plans.

Furthermore, people who most recently were classified by USCIS as F-1 students typically do not accrue time "unlawfully present" for purposes of the ten-year bar to which you refer; so it's unlikely that the bar applies to your fiancee. (Note, however, that you and she must not rely on this or similar generalized guidance -- U.S. immigration law is very complex, and each case turns on many details particular to itself, so a thorough understanding of the case is a necessary prerequisite to the provision of reliable legal advice.)

Based solely on the facts as you present them, it's apparent that you and your fiancee probably can get exactly what you want from U.S. immigration authorities (i.e., a green card for her, along with (I presume) travel and work authorization), so long as you prosecute the case effectively.

Feel free to contact me to discuss the terms under which my services can be retained -- I'd be happy to help you and her master these immigration issues and put them behind you.

Sincerely,

Brian Sather

1.708.488.9105

Re: Need Advice - Girlfriend's F1 vis expired 12/31/2004

From the facts given, your fiancee is not in "real danger" of being banned for 10 years per se simply due to her visa expiration. However, we would need more facts to properly assist and/or guide you from here. Contact us directly for a free consultation.

Re: Need Advice - Girlfriend's F1 vis expired 12/31/2004

Since your fiance came legally into the United States with an F-1 Visa as well as with what I presume was her own passport, you may sponsor her with an Alien Immigrant Petition (I-130) and she can also file for adjustment of status (I-485) concurrently (at the same time).

Filing for her adjustment of status will also give her the option of concurrently filing for her Employment Authorization Document ("EAD" I-765) as well as her Advance Parole travel document (I-131) although it is not advisable for her to travel outside of the United States until and unless she at least obtains approval of that adjustment of status petition to get a conditional resident card.

After two years of a bona fide marriage, your spouse may petition to remove those conditions on her residence to become a full fledged green card holder.

She need hold that green card status for three years due to her marriage to a US Citizen before she is eligible to apply for US Citizenship.

Good luck, and if you have any any questions, please contact our office.

Re: Need Advice - Girlfriend's F1 vis expired 12/31/2004

The advice given to you by Mr. Sather is correct. My additional comment is that if you go forward with filing the application for adjustment of status (green card)in the U.S., your fiance should not travel outside the U.S. until her green card is approved. It is currently taking 6-9 months in the San Francisco district (i.e., the district in which you live) for the processing of green card applications. So once, she files, she needs to stay.