Immigration Issues/Options

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Question
My fiance and I have beentogether for three years.  We have a one child together born in the US.  Before we met, my fiance came to the US illegally at the age of 17.  What options do we have to make her status legal?  I was thinking of having her to return to Mexico and petition for a fiance visa.  Is this a good idea?

Answer
Hi,

When you are married, your wife will be unable to adjust status in the U.S. since she initially entered the U.S. illegally. She is not covered under an amnesty provision (also known as section 245(i)) since an immigrant petition was not filed for her by the end of April, 2001. The following website is helpful: http://www.uscis.gov/files/pressrelease/Section245iLIFEAct_032301.pdf

Even though she is not eligible to adjust status in the U.S., I do not recommend that she depart the U.S. If she does so, she will be barred from entering the U.S. for 10 years.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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