Please Advice.....

D

dididi

New Member
Here is my situation. I am 22 years old I have been with my girlfriend who is also 22 for over a year now, we live together and have a 1 1/2 year old son (hers from a previous relationship, I love him as my own). I am a US citizen she is an illegal immigrant. She came here when she was 10, brought over by some lady who used her real daughters passport to get my girlfriend into the country (apparently they looked alike or something) Anyways, my girlfriend has no family here, just a sister whom she stayed with when she came to this country at the age of 10.
Its very depressing for her and for me aswell to know that she basically doesnt legally exist in this country. She has no ID's no SS Cards, nothing. Is there anyway her status can change? Is there anyway we can marry and she can get a legal status?
Please let me know... thanks.

REMEMBER she didnt come in with a visa and overstayed she was brought in as a child with a different identity.
 
dididi said:
Here is my situation. I am 22 years old I have been with my girlfriend who is also 22 for over a year now, we live together and have a 1 1/2 year old son (hers from a previous relationship, I love him as my own). I am a US citizen she is an illegal immigrant. She came here when she was 10, brought over by some lady who used her real daughters passport to get my girlfriend into the country (apparently they looked alike or something) Anyways, my girlfriend has no family here, just a sister whom she stayed with when she came to this country at the age of 10.
Its very depressing for her and for me aswell to know that she basically doesnt legally exist in this country. She has no ID's no SS Cards, nothing. Is there anyway her status can change? Is there anyway we can marry and she can get a legal status?
Please let me know... thanks.

REMEMBER she didnt come in with a visa and overstayed she was brought in as a child with a different identity.
Click to expand...

If she came into the country under the pretense of being a US citizen, there is no way I can think of getting her legal - not through adjustment of status in the US or at a consulate abroad, even if you were to marry her.

If she entered on someone else's visa or GC - a huge MAYBE, but not on a US citizen's documents.

Of course you could consult with an immigration lawyer in your area to see if you can find a loophole in this after examining all her facts in detail --- if you could prove that she was taken to the US involuntarily under a US citizen's documents etc. -- but it would be a LONG SHOT. Still worth exploring - find a good attorney in your area at www.AILA.org

Best wishes
 
I couldn't think of any other advice than consulting an experienced lawyer in that field.

Good luck
 
I agree with the text above


She did not act in bad faith( she was only 10). Someone did

The best shoot would be to hire a good lawyer
 
i am not a lawyer and i am not giving you advice but my opinion is for you to file for her and be honest i beleive you would have to pay $1000 for her status to change since she doesn't have the i-94 work with that angle with the lawyer when filing.
 
we will go to an immigration lawyer, she has school records, doctor records, and the like to prove that she has been here since she was 10. Also she kind of was brough here against her will with no parents, so hopefully that shows them something.
 
philaug28 said:
i am not a lawyer and i am not giving you advice but my opinion is for you to file for her and be honest i beleive you would have to pay $1000 for her status to change since she doesn't have the i-94 work with that angle with the lawyer when filing.
Click to expand...

Unfortunately it is not as simple as paying the $1000 fine associated with the I485A -- it does not apply to her situation, being intended for overstays, unauthorized employment etc. etc. She entered without inspection.

The biggest issue will be whether she entered under the pretense of being a US citizen or not. If so, a lifetime ban applies to her adjusting status or obtaining a visa abroad. However, the next issue would be whether she entered willingly or not, and hence; whether she is responsible for it.

If you pursue this route, be prepared to develop a long and expensive relationship with your attorney -- it will most likely involve extended litigation. However, some things are worth fighting for .... find a competent immigration attorney in your area ASAP.

Best wishes
 
dididi said:
she has school records, doctor records, and the like to prove that she has been here since she was 10.
Click to expand...

Are these records in her real name, or are they in the name of the lady's daughter who's passport was used to enter the US?
 
School records, vaccination cards, etc. are all under her real name. They only used the other girls name for her to enter the country. I have no idea how they did it neither does she.
 
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