Legal Question in Immigration Law in Georgia
My girlfriend came here on a student visa. Due to her mother's insistence, she overstayed. This was in 2004 August. Last year March her mother filed for her. Legally what can she do while waiting on her papers to go through? Also how long does the procedure take?
3 Answers from Attorneys
In such cases, one should never file or do anything without an experienced immigration lawyer. Filing the wrong thing can be catastrophic. She should be calling her lawyer and not having you ask online on something this critical.
She may never be able to adjust status through her mother's petition if she is over 21, or her mother not a US citizen yet (or not a citizen at the time she turns 21).
As to all other questions, you need to provide additional information in order for me to be able to answer them. She is illegally in the USA, and can be deported if apprehended by police or ICE. Pending petition doesn't give her any rights to remain in the USA.
They need to consult a lawyer.
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If you marry her as a US citizen, she'd be able to remain in the US and obtain permanent residence. You may find information on this process here:
http://www.msclaw.com/Green_Card_for_Spouse.html
A mother's petition for a daughter depends on the status of the mother as well as her age.
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