Legal Question in Immigration Law in Florida

Living in the States w/no papers

My cousin have lived in the US since she was 8. Her father tried to get her green card but died shortly. Her other family members that lived in the states didn't continue what her father started. She is now 22 and still doesn't have a green card. She also has a newborn that was born in Us but cannot work to support him. What can I do to help her get her green card?


Asked on 3/30/04, 10:08 am

3 Answers from Attorneys
Myron Morales Lee Lane Smith LLP

Re: Living in the States w/no papers

At that time, she may have been able to get a humanitarian grant of LPR status. It may be too late for that now. It appears that marriage to a U.S. citizen may cure her problems, but this marriage must be true and valid. Entering into a sham marriage to obtain immigration benefits is unlawful and could have adverse consequences. Does she have relations with the baby's father and what is his status?

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Answered on 3/30/04, 10:36 am
Neena Bohra Law Offices of Neena Bohra

Re: Living in the States w/no papers

It is too late to derive LPR status through her father but a bona fide marriage is possible with the father of the newborn or another USC. The intent in this type of marriage is very important.

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Answered on 3/30/04, 12:30 pm
David Nachman Nachman & Associates, P.C.

Re: Living in the States w/no papers

By virtue of the previous assistance she received from her family member (her father) she may be eligible for the beneits of Section 245(i). This will need to be expolored more thoroughly. If it is the case that 245(i) applies to her then she can be sponsored either in a family-based or employment-based category now and use those benefits to get a green card. To discuss the matter further please feel free to contact our office at 201-236-9998.

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Answered on 3/31/04, 11:43 pm


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