Legal Question in Immigration Law in California

Re: Changes in law

The law on this issue hasn't changed. When you actually become a citizen, you will have to apply for your girlfriend. If she came here illegally, then she'll have to get her green card overseas (in home country) but might be subjected to the 3-year/10-year bar if she's been here illegally over six months. If the 245i law is renewed then she doesn't need to worry about this, but in any event, she would need legal advice before proceeding.

If she didn't come here illegally, then she'll get the work permit immediately after you apply for her but not the green card. That won't happen until the two of you pass an interview which could take a year or year and half later to schedule.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after a attorney-client relationship has been expressly established.

Re: Changes in law

To clarify my main response, when you apply for your girlfriend in the future, she would have to be your wife at that time and not just a girlfriend.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after a attorney-client relationship has been expressly established.

Re: Changes in law

There are no changes in the law as to adjusting the status of a immigrant lawfully admitted into the United States.

Therefore, if your girlfriend entered the country with a visa, then she will be allowed to change her status to a green card holder after yuo become a U.S. Citizen and become a married couple.

If she did not enter the country legally, then she may be subject to the 3/10 year bar, unless the 245 grandfather clause is extended.

If you have any further questions about this matter please do not hesistate to call.

Khach "Catch" Akhkashian

(213) 384-2220