California | Immigration Law
Legal Question
Doing the right thing.
what do I have to do to marry someone that is undocumented in the U.S.?
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Legal Answer
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Read More Answered By: Bobby Chung |
Re: Doing the right thing. In order to sponsor your future wife for a green card, she must have entered the United States lawfully. As long as she came to this country legally, she can apply for a green card through marriage to a United States citizen even if she subsequently overstayed her visa and became illegal.
If she entered the United States illegally (i.e., entered without inspection by the INS), then generally, she cannot apply for a green card unless she qualifies for a section 245(i) waiver and pays a $1,000 penalty fee. The 245(i) waiver expired on April 30, 2001. Congress was seriously considering an extension of section 245(i) before the September 11, 2001 terrorist attacks. However, the discussion on 245(i) extension has been suspended since September 11. If your future wife entered this country illegally, then she cannot apply for a green card unless Congress and the President extend the 245(i) waiver.
Best of luck to you and your future wife. You can contact me directly if you have further questions.
Regards,
Bobby C. Chung Attorney at Law 2500 Pacific Coast Hwy. Torrance, CA 90505 Tel: (310) 539-2389 Fax: (310) 539-4878 E-mail: info@bccvisalaw.com Website: www.bccvisalaw.com |
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