Married to a mexican woman who entered illegally!

[Rick Moranis]

One of my coworkers who is an American Citizen, just married his girlfiend who is a Mexican citizen but she entered the USA illegally through Mexico. Is there anything he can do to help her or would they have to leave the country and do some paperwork from Mexico?

 

[lalacruz]

Response to Married Mexican Issue

Hi - I like your friend is married to a mexican. I would strongly suggest that they wait to see if we get an extension of the I-245. Another option is the one you mentioned. They can file abroad.

 

[Rick Moranis]

Can somebody else give me some legal Advice?

I would appreciate if somebody that is legally savy gives me some advice. This couple want to know if they have to leave and go to Mexico and start some paperwork from there. Thanks for the help.

 

[Jim Mills]

I would appreciate if somebody that is legally savy gives me some advice. This couple want to know if they have to leave and go to Mexico and start some paperwork from there. Thanks for the help.

Entry without Inspection is not waived by marriage to a USC. If they married in the US, there is no way for them to deny that she was here illegally. If she leaves the US, she is subject to a mandatory 10 year bar to reentry (I am assuming that she has been here without status for more than 365 days). She needs INA sec 245i to come back and so far it has not.