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Immigration Issues/Citizen married illegal alien

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Question
I married an illegal alien and she was stopped once by border patrol so they must have a record.  We have a little boy together and I want to fix her status.  
1. Is there any hope for us with current law?
2. Should we wait for an immigration reform before starting any paperwork?
3. If positive to the above questions, will she need to leave the US and for how long?

Answer
There is a way to do it, but she will have to leave the US to accomplish it. I don't know how long that would take. And as for waiting for reform, I just cannot tell you.

I can say this: Deportation proceedings have many defenses that are in some way better than doing it the "right" way. I once had a very stupid attorney once say deportation is like getting indicted by a grand jury, but that is not true. If you are married to a US citizen there are various defenses you can request that can result in a green card. If you have lived in the US without committing any crimes for a certain period of time, and it would be a hardship on a US citizen to have you removed, there is a defense that results in a green card. There are various defenses that result in indefinite holding of the case so that while the case is pending the person can work, have status, etc. and the case never closes. Deportation proceedings are not as bad as people think, and I sometimes think they are better than going through the "correct" process where you can be denied, delayed and horribly abused by dishonest lawyers and incompetent government employees.

I wouldn't go rushing into deportation, but I wouldn't necessarily go rushing to file papers either.

Best of luck.

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Alexander J. Hay

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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".

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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.

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

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