My girlfriend is an illegal immigrant. I am a US citizen. Is marriage our only hope of her becoming a resident?

Asked about 2 years ago - South Gate, CA

She arrived here 8 years ago illegaly from El Salvador. She is 28 years old now. We have a son who was born here. She has worked without a permit for about 6 years now at the same job using a false social security #. She pays her taxes using an ECN. She has no criminal record--anywhere. She studies here too and is on her way to receiving a certified high school diploma. She gets awesome grades. Her English is sufficiently strong and only getting better. She wants to study further to become a nurse. She sends money every month to help support her mom and dad back home. They are ill. Honestly, she is harder working and more of a virtuous person than I'll ever be. She came here to have a shot at a real life. I'm sorry, but I'm just not ready for marriage. I know, sometimes I hate myself too..

Attorney answers (5)

  1. Arie Ebrahimian

    Contributor Level 12

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    Best Answer
    chosen by asker

    Answered . Hello. If you do not want to get married at this time and your girlfriend/fiance is found to be ineligible for a green card, she may be eligible for President Obama's new immigration policy provided that she meets the following criteria:

    1. She entered the U.S. under the age of 16 (I know she's been here for 8 years and is now 28...please verify the exact date of her entry and her age at the time of entry);

    2. She has continuously resided in the U.S. for at least 5 years preceding June 15, 2012 and is presently in the U.S.;

    3. She is currently in school, graduated from high school, has a general education development certificate (this seems to be the case as noted in your question) or served in the U.S. Armed Forces;

    4. She has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;

    AND

    5. Not above the age of 30 (she meets this requirement as well as she is 28).

    Please note: President Obama's new immigration policy WILL NOT confer any immigration status, meaning that your girlfriend/fiance will NOT get a green card under the Obama policy. That said, she may be eligible for work authorization and will not be placed in jeopardy of deportation. Again, please verify the date of entry and her age at the time of entry.

    Good luck.

    DISCLAIMER - NO ATTORNEY-CLIENT RELATIONSHIP: The information provided in this email is intended for informational purposes only. This email does not necessarily reflect current legal or factual developments and is general in nature. Nothing set forth in this email should be construed as providing legal advice regarding an individual situation. Furthermore, the information provided in this email is provided “as is” without any warranty of any kind, either express or implied. Attorney Arie Ebrahimian makes no warranty, express or implied, about the correctness, accuracy or reliability of the information set forth in this email. The information provided in this email should not be construed as legal advice and does not constitute an engagement of legal services with Attorney Arie Ebrahimian or establish an attorney-client relationship absent a written agreement for legal services. Thank you.

  2. Robert West

    Contributor Level 20

    6

    Lawyers agree

    Answered . Marriage is it. Since you have a son that seems to change things. Your ready to have a kid but not marriage?

  3. Ronald Jeffrey Tasoff

    Contributor Level 11

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    Answered . Assuming she only entered the U.S. illegally once and has remained, if you were married after your I-130 is approved she would be eligible to file an I-601 waiver under the "new" stateside procedures and apply for an immigrant visa at the American Consulate in San Salvador. I have successfully handle many such cases. However, you must use a qualified immigration lawyer because if it is not done right she could get "stuck" abroad for 10 years.

    Ron Tasoff
    Certified Immigration Law Specialist*
    Law Offices of Tasoff and Tasoff
    16255 Ventura Blvd. Suite 1000
    Encino, California 91436
    (818) 788-8900
    ron@tasoff.com
    www.tasoff.com

  4. Thomas Esparza Jr.

    Pro

    Contributor Level 19

    7

    Lawyers agree

    Answered . want the icing but not the cake? a labor certification is out as it would take to long and she would have to leave the usa to get the visa and wait in el salvador for ten years. oh well

    The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A... more
  5. Nicklaus James Misiti

    Contributor Level 19

    4

    Lawyers agree

    Answered . Since she arrived illegally a marriage probably will not solve the problem anyways. Speak with and retain an immigration attorney to see what if anything can be done.
    Regards,
    Nick Misiti
    Misiti Global
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more

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