Legal Question in Immigration Law in California

Getting Married to illegal alien - MA or CA would be better?

I live in CA, she lives in MA we will be moving in together in Jan05 here in CA. We plan to marry ASAP but am worried about her lack of documents?

She has a MA drivers license and valid SS# but all other documents were lost/stolen (expired passport (overstay) and entry into US documents) How can we get copies or the originals of passport/legal entry docs in order to start imigration paperwork?

I think she will not be able to get a CA drivers License either?? Thanks for any help or advice.


Asked on 12/04/04, 1:59 pm

2 Answers from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: Getting Married to illegal alien - MA or CA would be better?

If she entered legally and later overstayed, then you can petition for her permanent resident in the US.

You can do a FIOA request to get a copy of her entry documents so that she can adjust in the US without having to leave the country.

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Answered on 12/06/04, 6:45 pm
Jacob Sapochnick

Re: Getting Married to illegal alien - MA or CA would be better?

Hi,

As long as she entered legally, she could file the marriage case with the immigration. If she lost her papers we could do FOIA request and order her papers from the immigration, we can get it fairly quick. They key is to prove that she entered legally and this way her overstay will be waived.

Feel free to give me a call at 619 819 92 04 or email [email protected] to discuss this further.

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Answered on 12/04/04, 2:08 pm


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