Legal Question in Immigration Law in California

Re: Alien Fiance

There isn't a definitive answer, but yes it will likely be denied in that the consulate will want her to apply for a waiver of inadmissibility once she becomes spouse of a U.S. citizen - assuming you're a citizen. She needs a waiver of unlawful presence and rather than allow the U.S. Citizenship & Immigration Services to decide the case, they'll retain it for their jurisdiction by denying her now. These waivers are quite difficult for people in her position at the moment, but with real extreme hardship, she might win the case, whether at the K-1 stage or immigrant visa. Whatever she does, she should be honest or risk another reason for a waiver being required: committing fraud, i.e., lying about her immigration situation to the consul. She shouldn't do that.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Re: Alien Fiance

If she was in the US illegaly for 2 years, then she'll likely need to go through the waiver process in conjunction with the K-1 visa.

You may find detailed information here:

http://www.msclaw.com/immigration-waivers.html

Re: Alien Fiance

Unfortunately, it may affect her K1 visa. It may depend on whether she has been caught crossing the border, has any crimes and/or has ever been deported.

If immigration has proof that she has been here in the US illegally or has crossed illegally, she may be barred for 10 years before being able to qualify to apply for a visa.

To discuss your specific case further, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: Alien Fiance

Dear Inquirer:

Your fiancee will be barred from returning to the US if she was unlawfully present in the US for more than 6 months after reaching the age of 18.

She may seek a waiver of that bar to readmission for unlawful presence, which generally requires that she will need to establish that refusal of her admission will cause her US Citizen or green card holding SPOUSE or parent to suffer "extreme hardship."

I recommend that you visit www.hanlonlawgroup.com or email me at [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.