Legal Question in Immigration Law in Texas

My girlfriend came to USA with a tourist visa, she overstayed and worked with a fake green card for 1 year, then she went back to her country. Her friend mailed her passport and the fake green card but correspondence was intercepted.
She went to re-apply for her visa but was denied and penalized.
Is there any possibility if she marries to USA citizen to get her green card?

Asked on 2/21/15, 4:30 am

3 Answers from Attorneys

Michelle Scopellite Goldstein & Scopellite, PC

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Usually not. However, I would need to perform research on her charge and denial, because if it was for fraud, there may not be a Waiver available to her, even later.

If there is a way to apply for a visa later on, she will need a Waiver. She will need to wait the requisite number of years stated in the denial, and you would need to apply for her visa (using a very qualified and experienced immigration attorney such as those at our firm) and, if a hardship Waiver is available to her, you would need to be married in order for her to apply for any hardship Waiver.

Goldstein & Scopellite, PC has qualified immigration attorneys, removal lawyers and child deportation attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.

Answered on 2/21/15, 12:18 pm

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Vincent Martin Cundy & Martin, LLC

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I generally agree with the previous answer. The bottom line is that she would need to marry a U.S. citizen before she would be eligible to seek a waiver for permanent residence.

Vincent Martin

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Answered on 2/21/15, 1:28 pm

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