Legal Question in Immigration Law in New York
My girlfriend came to the US illegally but is trying to become legal, she now has a tax ID and pays taxes. How can she go about becoming a legal resident and sworn in as a citizen
3 Answers from Attorneys
There are different definitions of coming illegally: crossing boarder, false documents, etc. Becoming legal resident will depend on her personal circumstances. Also, in order to apply for green card, your girlfriend will need a basis - if she is illegal, marriage to a U.S Citizen can the only option.
Contact immigration lawyer to asses her case.
If you need further help, you can contact our firm.
Based on information you provided in your post, she can't become a legal resident and citizen. Having a Taxpayer ID number doesn't give her right to live and work in USA.
What do you mean by saying "she is trying to become legal"? Did she file any application with the Immigration services?
If you are a USA citizen and you are married to her, then maybe she will be able to apply for permanent residency by applying for a visa at the Consulate abroad in her home country. If she came to USA illegally and no one ever had petitioned for her, it's likely that she will not be eligible to apply for a Green card without having to depart the USA.
It's best that you consult a lawyer.
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I would need more information regarding your particular case before I could comment on it properly.
However, what I can say is that even though she has a tax ID number and is paying taxes this will not guarantee that she will be allowed to stay in the US.
In addition, becoming a US citizen entails a very long process (almost 10 years).
To begin the process she would need to become a legal resident. To do this she would need a sponsor to petition for her. She will then be thoroughly investigated by the US immigration service both here and in her country of origin.
If she is successful she would be given a two year temporary green card. After that she will be call backed for another interview this would mean more investigations into her background. She would them be given another green card for a longer period, all this has to be gone thoroughly before she can apply to become a citizen.
Patricia Martin-Gibbons