Twentynine Palms, CA asked in Immigration Law for California

Q: What are my options? How will things change due to moving to Maryland when I file for a visa petition after marriage?

So my girlfriend and I are now engaged. We have both decided that she will remain an undocumented person in the US for the next 2 years. She will be living with me for about a year and half before we marry. We are moving from California to my home state of Maryland as soon as I’m done with my military service in November. I was wondering what my options are in case if she were to get detain by ICE on our way to Maryland. She has been an undocumented person for 16 years but doesn’t qualify for DACA due to not meeting the age requirement when the bill was enacted.

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1 Lawyer Answer
Drew Elesh
Drew Elesh
  • Immigration Law Lawyer
  • Chicago, IL

A: We can help you understand how you can apply for a Greencard with a waiver. If she entered the U.S. without a visa she will need a waiver. We do many of these for cases for undocumented individuals.

If detained I can represent her in immigration court and appear telephonically. If she has no criminal record she will very likely be eligible for bond. So once the bond is paid she would then be released and would have a subsequent court date.

If she has been a crime victim and has a police report she may be eligible now to apply for a U visa even without you. I vida then leads to a Greencard.

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