You are here:

Immigration Issues/Undocumented Immigrant


Active military 19 yr old man married his 19 yr old high school girlfriend, which she is an undocumented immigrant.  What can he do to make her legal so she can receive medical and dental benefits.  She entered into the U.S. when she was a baby on a visa from Mexico, and she never returned.

If she entered legally then you can petition for her and request to adjust her status at the same time. In fact you can even get a work authorization for her while you are waiting for the visa to process. But after such a long time you will need evidence to prove she did in fact enter legally. That is the key thing here. If she entered legally, but overstayed her visa, she is barred from receiving a visa in the USA for 10 years. The only exception to this is marriage to a US citizen. This exception becomes more complicated if she entered illegally.

Get an attorney to help you here. The paperwork is not that complicated, but the issue of proof of legal entry may be a little difficult and the burden to prove this rests upon the petitioner. If there are no documents showing legal entry for her and/or her family there may yet be other ways of proving legal entry. But I suspect you will need an attorney to help you. You do not want to file this petition unless you can prove that she entered legally.

Good luck.

Immigration Issues

All Answers

Answers by Expert:

Ask Experts


Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

©2016 All rights reserved.