Legal Question in Immigration Law in New York

Illegal Alien

I recently (6 months ago) married my fiance who is here illegally. I would like start the paperwork to adjust her status but I wanted to know the following: I don't have a passport, but I do have my birth certificate that proves I am a U.S. citizen. Should I apply for my passport to be better prepared for Immigration? I use to reside in Boston, but I never changed anything over to NY (e.g, driver's license). I drive a taxi cab for a living here in NY. Would it be wise to change over my driver's license to NY? I don't want to raise any unnecessary concerns with Immigration (e.g., proof of residency; proof that we actually reside together). She is staying with family and so am I. We plan to get our own place, but I don't have anything that reflects an address that belongs to me. The few mail items I have come in the c/o. What should I do?


Asked on 1/18/06, 9:42 am

1 Answer from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: Illegal Alien

I would not worry about your driver's license or U.S. passport so long as you have a U.S. birth certificate and can satisfy the requirements for the affidavit of support. Note that depending on what you mean when you say "illegal," your fiance may or may not be able to adjust her status based on her marriage to a U.S. citizen. Consult an immigration attorney before filing anything with USCIS.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 1/18/06, 12:00 pm


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