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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106844
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a several part question on immigration person.

Customer Question

I have a several part question on immigration for another person. I myself was born a citizen who has served and is currently serving in the military in the reserves.
My girlfriend of several years is facing an issue on staying in the country. She has been in the US on a student visa for between 7-8 years. Right now she is about to finish a Masters at a local university and is looking to start a PhD at a (different) small local university. For her to get a TA waiver from the university she has to work full time there but cant do that unless she applies for a work visa.
My girlfriend is afraid that she'll be deported if she applies for a work visa because she worked for a clothing retail store (made probably less than $1000 while there) and got a real estate license and made a small amount of money (about $1000) working in real estate while on this student visa. My girlfriend also owns several properties in the US (6) that she was transferred money from home (in excess of 100K I believe) as a "gift" from her family in order to buy but didn't declare it on taxes.
My questions are:
Are those things above (the money transferred, the real estate license/money generated from that work, and the work she did in retail things that would stand in the way from her getting a work visa?
If those things are an issue would getting married solve that issue and what would be the process with getting the paperwork for marriage started?
Thanks in advance!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. The real estate and money made from the real estate is not a violation because it is passive income. She is allowed to buy and sell and rent real estate. What she isn't allowed to do is work without authorization. The working illegally for the retail store is what will cause her a problem. If it comes out, they almost certainly would deny her any non-immigrant status or re-entry into the U.S. in non-immigrant status. Would she be subject to deportation? Yes. Would they actually try to deport her? Most likely not. Why? Because the government is short on money at the moment and they just don’t have the money to deport everyone that is deportable from the U.S. Because of that, they are focused on deporting persons that have serious crimes. So as long as she has no crimes in her background, her risk is very low. Here is a link and the most updated one:http://www.ice.gov/doclib/news/releases/2010/civil-enforcement-priorities.pdfhttp://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf Would marriage to you AND filing the proper paperwork "fix" her situation? Yes, even if she worked illegally. After you marry, you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms. The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least. In about 3 to 5 months after filing, she should get a work permit and Advance Parole. About 5 to 7 months after filing you should get a marriage interview (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later she should get a Residency status (green card). In a few minutes, I will send you an offer of additional service. Check your email for that and follow the directions before leaving a positive rating. Since these are my favorite cases to do, I have a good deal of experience with them and enjoy them. I am more than happy to discuss the case in private over the phone or email for a small additional fee and we can go from there. If you want to decline it, no problem, you can ask additional questions without any additional charge. But if you do decline it, please remember to leave a positive rating for me. Use those smiley faces. Since I am not given a salary, it is the only way that I am compensated by the website. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, “To finish…” I can still answer additional questions for you without additional charge.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!