Legal Question in Immigration Law in North Carolina

Readjustment of status?

my fiances' parents brought her into

the country from overseas when she

was a very young child. they came

here on a legal visa on a visit. they

decided not to leave. 15 years later,

me and her want to get married.

can she apply for a readjustment of

status? will they ask her about her

parents legal status when she

applies? how likely is she to be

accepted? my worst fear is that she

will be denied and will be kicked out

of the country. this will absolutely

destroy me. what is the process we

need to go through everything?

would it be easier if we applied after

marriage, or while we are engaged?

how much would the whole legal

process (from start to end) cost; a

rough estimate? thank you.

Asked on 2/04/08, 1:16 am

3 Answers from Attorneys

Michael Cho Law Offices of Michael Cho
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Re: Readjustment of status?

As long as she entered the US legally (with a valid visa) and has proof of this entry, and you are a US citizen, you may apply for an adjustment of status.

Additional information can be found here:

http://msclaw.com/index.php?page=What_are_the_lega_requirementsGC

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2/04/08, 3:45 am
Steve Brodsky Esq. CheapNewYorkLLC.com
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Re: Readjustment of status?

According to your facts, your fiance will qualify for a green card. You should get married as soon as possible and begin the application process immediately thereafter. Until the process is started, your fiance is always subject to deportation. My firm charges just $495 for the complete green card process. The filing fees will be $1705, for a grand total of $2200.

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2/04/08, 8:35 am
Janet Greathouse Greathouse Law Firm
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0 attorneys agreed

Re: Readjustment of status?

Under the immigration laws, if your fiance can provide documentation of her lawful entry, her continous unauthorized stay will not prevent her from applying for a green card based upon marriage to a US citizen. If you are a US citizen, she may apply for a green card after your marriage.

You should be aware however, that as part of her green card application, she needs to complete a biographic information form, which includes the place of birth and current residence of her parents for purposes of a background check. Although this does not mean that her parents will automatically be deported, disclosing that they are in the US will bring the risk of attention being drawn upon her parents. Certainly, she should be truthful in her application, but she and her parents should be aware of the risks.

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2/04/08, 4:23 pm

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