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US citizen in military want to marry a illegal immigrant.

San Marcos, CA |

My fiance wants to apply for me so that i can legally be in the US. What are the steps we should take? My parents brought me to the US when i was 8 years old threw Tijuana with a Mexican passport so i was brought here legally but stayed illegaly now im 20 and currently going to college. My step dad applied for me 4 yrs ago but it seems to be taking to long so my fiance thinks that with him currently being in the military that will speed up my process. is that true? would i get deported to mexico? and me marrying a person in the military and me being in school and i have no criminal record help speed up the process?

Attorney Answers 4


  1. 1) Marry
    2) file I-130/I-485 packet.

    You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

    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.


  2. I do not exactly agree that you should just file an application for adjustment of status. I agree with my collegue that you need to seek immigration counsel from an immigration attorney. The attorney will need to review the legality of your prior entry, whether your spouse is active military and whether you might qualify for parole-in-place which might qualify you for adjustment of status depending on many other complex factors. If you file an application and do NOT qualify for residency, you could be placed into deportation proceedings. Be careful and good luck!


  3. It would be prudent to contact an immigration lawyer to ensure there is no challenge with the case.

    Goodluck.


  4. If you entered lawfully when you were 8 and have not left the US, you are eligible to apply for adjustment of status. You do not need to go to Mexico to process your case. Consult with an experienced immigration attorney.

    714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.

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