Legal Question in Immigration Law in California

Re: Marriage to undocumented immigrant

Okay, young man, you are in one of the best states for immigration purposes. The problem is that your young lady, were she to marry you, would not be able to get her green card here in the United States. She would have to return to El Salvador and consular process (that means get interviewed at the U.S. Embassy to make sure she is admissible into the U.S. and be allowed back into the country). I suggest you get a good immigration attorney who may make several suggestions depending on all the facts. One suggestion may be for her to return to El Salvador before you both get married, and you file a fiance petition. Of course she may need a waiver for the time she has been in the U .S. unlawfully. (If she has resided here in the U.S. without documents, the only time that is counted against her is the time she is here AFTER the age of 18.) I don't know how old she is. You are talking about a TIN, tax identification number for filing taxes. Lastly, how is it your girlfriend's grandparents have lawful permanent resident, and her parents only have TPS? Is anyone doing anything about that -- when TPS terminates, her parents have to return to El Salvador, no ifs ands or buts. Get a good lawyer to help you before you get married or do anything more to delay some possibilities you have. Good luck!

Re: Marriage to undocumented immigrant

It depends on whether she might qualify for 245(i) - if an immigrant petition or labor certification were filed for her directly or as a derivative before 4/30/01 (and was physically present in the U.S. on a specific day). I suppose the answer is not.

There are two schools of thought on applying now or not and each has its own merits. You need to know details of your options to best decide. But don't worry, you won't be in trouble for not applying for the green card right away. Under current law it would be highly unlikely she would be deported unless it were for reasons other than her status. That doesn't mean she might not have to leave. You could apply for a waiver for her to arrive far before the 10 years. You could also see if there is a change in law. She would not be issued a PIN. She could apply to IRS for a TIN, Tax ID Number if she wished to work and that would tide her over until she qualifies for a SS number. Her case needs to be examined in greater detail to see whether she might qualify other than through you in a way that would be less risky in the short term at least.

Re: Marriage to undocumented immigrant

Your girlfriend sounds lovely. My wife is also from El Salvador, so congratulations. I know the process intimately and would be happy to help you with it. In the meantime, I have means to help you from being separated if you would so like.

I am happy to help and be of service. Tell your girlfriend, "Mucho gusto, y cuida tu novio, el es buen hombre."