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.
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