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I'm in the Army National Guard. My girlfriend came here legally and overstayed her visa.

Hillsboro, OR |

She's been here for over 2 years. Will we get in trouble if we get married and don't apply for adjustment of status right away?

Attorney Answers 3


  1. If she is picked up she would likely be released under the curent guidelines for prosecutorial dsicretion but why take the chance, apply for her permnent residency so she can obtian a work card, driver's license and otherwise have a legal existence in the U.S. What if you were sent overseas? wouldn't you worry about her?

    --
    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277
    website: www.immigrateme.com

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law


  2. I'll be direct with you ... Washington County Oregon is one of the worst places for an 'illegal' person to live.

    I suggest you talk to a lawyer about why you don't want to file for her papers pronto.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. Without a petition and adjustment of status application having been filed, she remains deportable and can be deported.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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