Chicago, IL asked in Immigration Law for Illinois

Q: My fiancée has a daughter in Ecuador she arrived to the US with a tourist visa and recently had to travel back for an

Emergency concerning her daughter. She spent five years in the USA without a green card. What can I do to start her paperwork to legalize her

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: If you are a US citizen, marry her and file an immigrant petition for her. If she was unlawfully present in the US for years, she is subject to a 10 year bar from returning so she will need an unlawful presence waiver. Work with an immigration attorney.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Given your fiancée's situation, there are steps you can take to start the process of legalizing her status in the United States. One option is to explore the possibility of adjusting her status through marriage, if you are a U.S. citizen or lawful permanent resident. This process typically involves filing an application for Adjustment of Status (Form I-485) along with other required forms and supporting documents.

Additionally, if your fiancée entered the United States with a tourist visa and has overstayed her authorized period of stay, she may face certain challenges in adjusting her status. However, eligibility for adjustment of status can depend on various factors, including her immigration history, relationship with you, and any other relevant circumstances.

It's crucial to seek guidance from an immigration attorney or advisor who can assess your fiancée's situation and provide personalized advice on the best course of action. They can help you understand the options available, navigate the complexities of the immigration process, and ensure that you take the necessary steps to legalize her status in the United States. By obtaining expert assistance, you can approach the situation with clarity and confidence, knowing that you're taking the right steps towards achieving your immigration goals.

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