Legal Question in Immigration Law in Washington

I am currently in the Army as a national guard member and have only been in for about 2 yrs now. I met my soon to be fiancee while visiting a friend who was going on a trip to seattle. I met her and the chemistry between the two of us really hit it off I mean we have so much in common and along the journey of getting to know one another she informed me that she is an illegal immigrant which through me off guard because I wasn't expecting that at all. We only been together for 7 months but already I know in my heart she is the woman who I want to share my life with. She was brought over here as a child and her father never finished the claim to apply for her citizenship so she has remained an illegal ever since. She is currently an adult now in her mid 20's and I been reading online about how even though you get married and are in the military that still doesn't change anything like if they are an adult they will get deported and possibly banned for 10yrs which is something I couldn't have happen at all because I love her so much. What legal advice could you give me to help me change her status that doesn't involve her getting deported. I really want to marry her and its not to help her out with a green card it's to share the rest of my life with her honestly and im so confused and upset because it just seems like one mistake can have a domino effect on both of our lives.


Asked on 7/03/10, 5:00 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

If she was brought to the USA illegally (without a visa and inspection), even if married to a USA citizen, she will have to go back to her country to apply for a visa/green card (when your petition for her, as a wife, is approved).

Unless any exception to this rule applies (e.g. someone had petitioned for her prior to Apr 30, 2001), she will need to go abroad and as soon as she leaves the country, she becomes inadmissible for 10 years. Therefore, an Extreme Hardship Waiver will be required, and it's not always granted.

I suggest, for a legal advice, you consult a lawyer via email, phone or in-person.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 7/03/10, 8:39 am


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