Legal Question in Immigration Law in California

It likely will not be a problem, especially if the underlying H-1b is still valid, and the H-4 is a daughter. You can do an adjustment of status to the "green card.".

Assuming that the H-4 non-immigrant visa holder is in valid status (e.g., daughter of H-1B visa holder, and the H-1B father or mother is in valid H-1B status), then it is fine. If you marry her, then you would submit the appropriate visa petition and application for adjustment of her status to permanent resident with the Immigration Service. I would recommend using an attorney to assist you. If she is an H-4 visa holder now, she would not be eligible to become a "citizen" until she had either 3 or 5 years as a legal permanent resident, depending on the manner in which she obtains her legal permanent residency (e.g., through marriage to US Citizen--3 years; or through employment-based application, etc---5 years).. If you have further questions, you may contact our office at : 415-387-1363 or email: [email protected].

Most likely you can sponsor her (H-4) green card since she is in legal status.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net or contact us via [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

None of the above answers is accurate. If the H-4 made a legal entry, if you are a U.S. citizen and your fiance(e) is otherwise admissible (no criminal, immigration record, etc.), then s/he is eligible to adjust status to permanent residence, even if the H-4 epxired, s/he violated or is otherwise out of status. S/he would be out of status if the H-4 is child of the H-1 and over 21.Even if the H-4 worked without authorization, that's OK if adjustment to permanent residence is through a U.S. citizen spouse. If the H-4 is the spouse of the H-1, or even if child of the H-1, and is married, the H-4 would of course have to be divorced first before marrying you. It's OK that there is lapse in status if need be, as long as things work out between you at the time of the marriage.

I invite you to my website to see my credentials at http://www.yardum-hunter.com. Feel free to write me at [email protected] or call 818 609 1953.

An attorney client relationship is created by contract in the event we explicitly decide to work together, not based on the above information.

I look forward to the opportunity of working with you.

Sincerely,