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US Citizen Planning To Marry An Illegal Immigrant

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  • 06-25-2008, 08:43 AM
    Gescare
    US Citizen Planning To Marry An Illegal Immigrant
    OK, so my story might be quite different from the rest I have read on these forums.

    I want to marry my girlfriend of a year. The trick it I found out last week that she is an illegal immigrant, it was kept me from me and everyone I know because she was afraid that I would think she wanted me for an easy access to a green card.

    I am a natural born US Citizen and I am starting my first year of law school in august. I currently work as a business analyst and make decent income to support myself and someone if needed.

    I do not know much about the legalities of marrying someone who is not a U.S citizen, but I know that my girlfriend's situation is different from most people that have entered the U.S.

    Here is her story, she has been in the states since she was five months, actually all of her family have been in the states since they were young. She is now 19. I am 24. Her mom married very young a decided to come to the states and reside, her mom was in the process of becoming a legal resident but entered into an argument with her mother and out of pride and anger neglected to attend the necessary meetings needed to become a permanent resident.

    My girlfriend found out she was an illegal immigrant upon reaching highschool when she realized that she was unable to obtain jobs like the rest of her classmates, etc.

    So this is my question, I know she entered the states illegally, however, due to the fact that she was very young (5 months) when she entered illegal, can it be argued that she did not come to the state at her own will? Can it also be argued that she has tried to live a honest and normal life given the circumstances of her residential status in the U.S.

    I mean she is going to a community college and wants to create a better future but obviously can't due to her immigrant status.

    I dont want to run the risk of being seperated because she entered the states illegal as it is commonly done. I just think her situation is a bit different but I dont know if that would hold up in court.

    Dont know if this is sufficent information but any answers will help.

    Thanks in advance.
  • 06-26-2008, 08:06 AM
    Mr. Knowitall
    Re: US Citizen Planning To Marry An Illegal Immigrant
    She entered illegally, and there are no exceptions for minors except that, had she left before her 18th birthday her unlawful presence would not automatically trigger a period of ineligibility to reenter. Her subsequent unlawful presence counts against her. I don't have any good answer for you, beyond consulting an immigration lawyer and trying to devise a course of action that will minimize the impact of her unlawful presence.
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