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Bill Attorney
Bill Attorney, Lawyer
Category: Immigration Law
Satisfied Customers: 573
Experience:  Attorney
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I am an American Citizen and currently serve in the US Navy.

Customer Question

I am an American Citizen and currently serve in the US Navy. I have a girlfriend who is an undocumented immigrant from Guatemala. She has been here for quite some time and has two children that are US born. I plan to marry her one day but I understand that she will need papers. what can we do to get her the documents she needs without being deported?
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Bill Attorney replied 1 month ago.

Dear Customer ,

This is attorney Bill an immigration lawyer offering assistance to your legal question today.

Because your girlfriend was illegal in the US for a period of time she would need to apply for a waiver of inadmissibility before being eligible to come to the US on an immigrant visa. If she has been here for more than 6 months the waiver is necessary pursuant to : section 212(a)(9)(B) of the Immigration and Nationality Act

She would have to depart to Guatemala and attend a consular interview but should firstly before she leaves the US.

This would overcome the bar that exists on illegals of obtaining immigration status based upon an unlawful stay.

The procedure there after requires you to file a sponsorship visa or spousal visa i-130 application with USCIS.

This is the procedure where your partner isn't eligible to adjust her status based upon an undocumented stay

for staying over six months past a lawful visa date.

The adjustment of status for spousal applicants is only available for spouses that entered on a legal visa and didn't overstay by six months.

Please follow up if you need more information.

We are here to help.

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Best of luck

Bill

Expert:  Bill Attorney replied 1 month ago.

Dear Customer,

I would like to follow up with you on your question in which I replied to a few days ago and gave an answer.

Do you need any more information ?

PLEASE REMEMBER THAT WE EXPERTS COUNT ON POSITIVE RATINGS

SO I HOPE YOU RATE 5 STARS TODAY

Have a great day

Attorney Bill

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