Legal Question in Immigration Law in New York

Description:

I met a girl back in college when I was living in Nicaragua. I became US resident in 2005 and

3 years ago, I sponsored her filing an affidavit of support, providing room and board. She got the F1 visa and came to study to NY. 1 year later we had a daughter and got married. She continued stydying and then we had another son.

I just became Citizen in august 2010; and now I wanted to do the paperwork for her AOS to get a GC. She is still in legal status.

questions:

If I file for AOS, will this case be considered as misrepresentation even though she's still in school (what was the original reason she came to US)

and will deny the visa?

If they deny it what would be the consequences?

thanks


Asked on 8/18/10, 8:23 am

1 Answer from Attorneys

If your original purpose was to help her and not defraud INS then it should not be a problem. The fact of the matter is you could have gotten her a Fiance Visa instead of helping her with a Student Visa....and followed the route for the Fiance Visa.

The fact that you have children with her will be helpful, but be aware of the Marriage Fraud Act...meaning you cannot enter into a marriage for purposes of immigration...having children with the person does not always resolve the issue.

On the other hand, she is in status and this will be very helpful.

An attorney client relationship is not formed by virtue of the above answer. Please do not substitute my answer for legal advise it is meant as general information. You should consult with my office or another attorney to explore the specifics of your case.

Fabiola Jean-Gilles, Esq.

Nivia Law Group, PLC

917-204-1007

480-277-2525

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Answered on 8/23/10, 9:56 am


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