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Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
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Experience:  10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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can a green card holder marry AN ILLEGAL RESIDENT AND GIVE

Resolved Question:

can a green card holder marry AN ILLEGAL RESIDENT AND GIVE HER A GREENCARD
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Georgetown Lawyer replied 5 years ago.
Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience....When did she enter the u.s.? did she enter with a visa or not? did anyone ever file a petition for her or her parents with immigration before?
Customer: replied 5 years ago.
Thank you for your reply. I don't know exactly when she entered or how, but I'll verify that today or ASAP. but FYI, I'm married but separated and planning for divorce and it's just a matter of time. All my family has green cards. I really love the illegal woman and want her to stay and be my wife, she also has a 5 year old son in Guatemala she wants to bring over . I need your help please. As far as i know no one has ever filed a petition for her before.
Expert:  Georgetown Lawyer replied 5 years ago.
Ok, let me know if she came with a visa when you can?
also, how long have you had your green card?
Customer: replied 5 years ago.
Thank you for your concern. She actually entered the country through the Mexican boarders from 3 years without a visa though she gas her passport on her. Her uncle here has papers. I have my green card since November 2010 through DV lottery. I am DV1 and working in a major communication company right now.
Expert:  Georgetown Lawyer replied 5 years ago.
Ok, thanks. since she did not have a visa when she entered that means she entered illegally and as such you cannot get her a green card in the u.s. she would have to leave when it was time for her interview. furthermore, since you are not a u.s. citizen it would take 4 years for her to get a green card through you. If she leaves the u.s. for the interview she faces a 10 year bar as punishment for staying in the u.s. illegally for more than one year. she would then have to file a waiver of the 10 year bar and show extreme hardship to you if she is not allowed back in. If you don't want to take the risk then she needs to wait for u.s. immigration laws to change to help her. I hope this helps clarify.

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