Legal Question in Immigration Law in California

I am a green card holder and my girlfriend who I will marry this month is here in the US illegally. Does she have to go back to here country of origin or she can adjust status here in the US?

Asked on 3/25/15, 4:15 pm

3 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

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The F2A category is not current (backlogged about 2 yrs), meaning she cannot adjust status now, even assuming you had an approved I-130 petition.

The best thing to do is naturalize as soon as you are eligible, then get married, so she becomes an "immediate relative" & can adjust right away.

If you marry now & she remains in the U.S. & falls out of status, then she will be unable to adjust status unless/until you become a U.S. citizen anyway.

Answered on 3/25/15, 4:24 pm

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Philip Eichorn Hammond Law Group

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Hi. Some more information is needed to determine the best course of action. First, how long until you can naturalize? Second, how old is your girlfriend and third, what do you mean she "is here illegally?" The answers to these questions and others will narrow the factual universe and will provide a better roadmap for how to go about having a life together and her getting status.

Answered on 3/26/15, 6:35 am

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