Legal Question in Immigration Law in Puerto Rico
Same sex marriage is not legal in Puerto Rico. I'd like to go to New York with my girlfriend and get marries so I can then petition her as my spouse. She entered the US legally but her visa expired a few years ago. She has a valid colombian passport but she doesn't have a US issued ID. Can she travel to NY? Can she be detained at the TSA checkpoint? if so, what could happen to her? Will she received an order of deportation? Can we appeal that deportation and then get married?
1 Answer from Attorneys
Unfortunately, I have dealt with many cases from the Puerto Rico airport where TSA flags CBP of a person they suspect to be in unlawful status (after this person shows a valid passport from their country). What usually happens is they will get processed and detained and depending on bed space they usually transfer them out to the Broward Transitional Center here in Florida which is a place you do not want your loved one to end up in.
There may or not be other ways to assist your partner. We have offices in Puerto Rico and in Florida and would love to assist you further. Call (561) 318-3882 if you have any other questions.
Gina M. Fraga, Esq.