Legal Question in Immigration Law in New York

H1b marriage to illegal immigrant

I am an H-1B visa holder, dearly in love with an illegal immigrant. We are both originally from the same country, and can't bear the thought of separation...

My employer (a Wall St. firm) will be applying for my green card next year. How should I go about making sure that she also gets the green card? We are not married yet, looking for advice before doing so.

Any way possible for us to go back to our original country and come back married (me still on H-1, she on dependent), and then both of us get the green card thru me?

Any other suggestions / advice? Please help.

Thank you...


Asked on 8/11/08, 5:46 pm

1 Answer from Attorneys
Patrick Klauss Berd & Klauss, PLLC

Re: H1b marriage to illegal immigrant

Any unlawful presence would need to be analyzed and the consequences of leaving the U.S. She may trigger a bar from re-entering the U.S. again depending on how long she has been present here in an unlawful status.

Another factor is if she was admitted to the U.S. in the first place.

It is advisable to consult with an attorney on the specifics of your fiance's situation before making any decisions on travelling or moving forward.

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Answered on 8/12/08, 11:06 am


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