Legal Question in Immigration Law in California

I am a citizen with a Mexican girlfriend, she has a tourist visa , can she come and stay and possibly overstay. If she over stays can I eventually marry her and file for her residency without any problems??


Asked on 1/26/14, 9:20 pm

2 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Overstaying is considered a serious violation of the law. If she overstays between 6 months and one year she will be inadmissible for 3 years. If she overstays for more than 1 year, she will be inadmissible for 10 years, even if you were to marry her. There are certain exemptions which cannot be discussed in this limited forum.

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Answered on 1/26/14, 10:32 pm
Marlene Hemmings Marlene Hemmings, Attorney at Law

There could always be problems with any immigration case, such as criminal issues, perceived fraud, immigrant intent, etc.

However, in general, if a person who is admitted to the U.S. on a visitor visa, & overstays, then marries a U.S. citizen later on, can file for adjustment of status, based on marriage to a U.S. citizen. However, any bars to adjustment are another issue.

I would recommend having an experienced immigration attorney review your girlfriend's case, if you eventually get married, or intend to get married later on, before you file her I-130 petition/I-485 application.

Good luck!

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Answered on 1/27/14, 10:45 am


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