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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12304
Experience:  Write FOR JAMES to get my help!
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I met a girl and she was given a permit to work in the us in

Customer Question

I met a girl and she was given a permit to work in the us in 1998 she overstayed the time allowed because of financial hardship with her dad being ill. she was driving to work and got stoped and deported in 2010 she crossed back into the us in july of 2012, and is presently in the us. what are the chances of her being forgiven or pardoned or fined to help her with her immigration status. we are thinking of marrage she is 54 I am 60 years old
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: no
JA: Have you talked to a lawyer yet?
Customer: just in the process for next week
JA: Anything else you want the lawyer to know before I connect you?
Customer: just what I can do to help her and if marriage is a good choice we do care for each other
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Expert James replied 2 months ago.

Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

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Please give me some time to consider your question.

Expert:  Expert James replied 2 months ago.

Thank you for your patience. Your answer is below. When you see the option to rate, please do so with a positive rating of 4 or 5 stars. Otherwise, I do not get credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: Unfortunately, because she entered the US illegally, she is not eligible for adjustment of status from within the US. She must leave the US in order to get a legal entry. That presents a bit of a problem for two reasons: 1) after a deportation, if someone re-enters the US illegally, she is subject to an inadmissibility ban, and 2) becaue she accrued more than 1 year of unlawful presence, she is subject to at least a 10 year ban for re-entering the US.

The only way to get around this is for her to marry a US citizen, then that citizen to file form I-130 and the alien to file form I-601A for a Provisional Waiver of Inadmissibility. If this provisional waiver is approved, she will leave the US and apply for the marriage based immigrant visa from abroad. The approved provisional waiver will be reviewed by the US consulate as part of the immigrant visa application. If the visa is approved and issued, she can then come back to the SU with the immigrant visa and will be issued her green card within three months.

As of now, this is the only way possible for this to work.

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Thank you!

Expert:  Expert James replied 2 months ago.

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but the question is still open and no credit has been given. Do you require additional assistance? Please let me know. Thank you!