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;
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.
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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 complete answer takes an in depth interview. After all, it is a life that is at stake. If you are in another city that I do not service ask me and I might be able to recommend you an attorney there. In general, in Houston, I recommend Adan Vega or Bruce Coane, Specialists. In Dallas I recommend Richard Fernandez or Yong Wood highly skilled and experienced.
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.
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Legal disclaimer: The statement above is general in nature, 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.
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.
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