Legal Question in Immigration Law in California

marriage with an alien

greetings-

my girlfriend -- a japanese national -- has overstayed her visa by a considerable amount of time (she's been here illegally since about 1985). after considering the matter for about the last 15 years, we decided to get get married. it seems to me that there are probably two ways to go about it: 1. to get married in the US and apply for a change of status with the INS -- which may present problems, I assume, becuse of her present illegal status; or 2. to get married in Japan and petition for an entry visa -- which may also be problematic because it appears that japanese nationals who have oversatayed their US visas are not given a new visa for some 10 yrs or so (according to anecdotes I hear).

what do you think of these two alternatives? which of the two is doable? does the recent legislation (LIFE?/245...) have a bearing on a circumstance such as I've described?

your input on this is greatly appreciated.

regards,

alex


Asked on 3/23/01, 6:43 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: marriage with an alien

If you are a US citizen, then adjusting your girlfriend's status with the INS (and without leaving the US) is definitely the way to go. The fact that she's overstayed her visa for the past 16 years is not important in her adjustment of status application. She shouldn't attempt consular processing in Japan because it is true that there is a 10-year bar to her obtaining legal admission back into the US (this bar applies to all aliens who have been here illegally 1 year or more, not just Japanese).

We get these questions too late on this forum and so now LIFE has come and gone. Fortunately for you, when an alien came here on a visa then marries a US citizen, LIFE is not applicable to such an alien. You can still marry your girlfriend now (after April 30, 2001) and petition for her.

Liem Doan, Esq.

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Answered on 5/28/01, 12:58 am


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