Need advice to become Citizen

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phildawg66

New Member
Now this one is kind of tricky to explain. My girlfriend of 4 months told me a few days ago that she isn't a legal US citizen. Her parents brought her across the border around the age of 6 or so. She grew up all her life thinking she was a US citizen until about 19 years old when she tried to get a drivers license. She is almost 21 now. When she came over her family came over from mexico on a visa but she didn't have one. They let her cross because she was so small I guess. So she has been here in the US for about 13 years. We talked about marrige a little bit but I don't know the process for attaining citizenship here in the US with a cituation like this. Also I didn't know if me being in the military would have an effect either?
Any advice would be greatly appreciated!
Thanks
 
she originally came in illegally. Her family has been here for about 13 years and no one in her family is legal. When she came across she didn't have a visa because she was so small but her family did. I guess they just let her slide or something. So there is no family here that could sponsor her. She did go through inspection and all, but they let her through by the kindess of their hearts, not because she was legal to come through to the US at the time. At this time she is not legal either. If she came to the US because she was forced to at that age will they hold it against her?
 
Ok, I talked to her and her family. They both told me the same story. 13 years ago when she came across from mexico, she and her brother (ages 6 and 7) were asleep in the back seat on her grandmothers lap. Her aunt and another female friend of the family was in the front 2 seats. When she came across, the 3 older women in the car showed the proper paperwork and the 2 sleeping children didn't show anything. I know that is illegal and doen't sound like something that would happen. I also know that if her case waas tried to appeal in front of a judge, the judge would side in favor of the ins and say she was lying because they don't do that.

If she came over as illegal as could be, what is there to do that could make her a US citizen. She went to school here in Southern California, worked here and everything so if she went back to mexico to try and get a visa, there is no evidence of her living in Mexico for the last 13 years. She has a birth certificate saying she was born in mexico and thats about it. Is it possible to get married in Mexico and then come back over to the US, or will she have a problem coming back to the US?
 
legal US citizen

first of all, there is no such thing as a "legal or illegal U.S. Citizen"; either one is a U.S. citizen or not. A person who is not a U.S. citizen is either "legal" or "illegal", then you also have the gray area of "out-of-status".

If the young lady that was mentioned in the beginning of the post entered "without inspection" (no matter when and where), she'd be considered "illegal". That makes her "removable" and she would need to chancel her removability first before she can adjust her status to that of "lawfully permitted". She'd qualify for a chx of removal if she can prove "good moral character", lived here for 10+ years etc.).

If she was inspected (and I would argue for it, since she was a minor when she was brought here), she'd be "out-of-status" and eligable to adjust her status once there is a basis for it (e.g. marriage to a U.S. citizen, employment sponsorship etc.).

Good luck!
 
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