Legal Question in Immigration Law in California

my friends is a crew from a luxury ship based in florida he is thinking of jumping ship and marry his gf here in california the problem is that he does not have a passport but he only carries his I-95 that he was given upon his entry here at the port of entry and a crew ID would he have problem if ever he decided to marry his gf here in california and stay here for good? thx advance for any advice you might share coz my friend is getting frustratedfor not having to stay with his gf too long thx


Asked on 1/22/10, 6:18 am

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

The brief and general answer is that he will not be able to obtain a green card if he jumps the ship and stays in USA illegally. A crew member is prohibited from applying for adjustment of status (green card) even if married to a USA citizen.

If his girlfriend is a USA citizen, she can petition for a Fiance visa for him. When a petition is approved, he can apply for a Fiance visa at the US consulate in his home country, and then he can come to USA legally.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/27/10, 9:47 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

His idea is a bad one. If he jumps ship, he would be ineligible to adjust status in the U.S. as well as be in violation of his status. He would be forced to apply for an immigrant visa abroad, limiting his choices and forcing him to reveal this flagrant disobedience of the law. It could affect his ability to immigrate and separate him from the one he wishes to be married to.

The above is general information not legal advice. It does not form an attorney client relationship. For further information, feel free to contact me at 818 609 1953 or [email protected].

Sincerely,

Alice M. Yardum-Hunter, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

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Answered on 1/27/10, 11:36 am


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