U.S. Soldier Engaged to illegal Immigrant... see more inside...

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19deltaville

New Member
OK... Hear's the situation,

I've been dating this mexican girl for sometime now and the topic of marriage and starting a family naturally came up after some friends mentioned the idea while at dinner a few nights ago. So during the course of the discussion I took a fairly serious tone on the matter and was looking to know if she was interested. The answer I got was a little different than I expected. She informed me that she was not a legal citizen of the U.S.

Now as a soldier I'm supposed to tell someone about this but I love her and I have no intention of doing anything of the sort. So I asked he to explain the circumstances behind his status in which she told me that her parents brought her over when she was only 4 years old and she has been living here ever since. Now 22, a highschool graduate, working and wanting to go to school again she has reached a point where she can no further unless she was legal. I plan on marrying her but the last thing I want to do is get married and then her get deported... Any advice?
 
You need to find out HOW she initially entered the U.S. IF she entered on any type of nonimmigrant visa (tourist, BCC, as a dependent family member of a parent's work visa, ANYTHING LEGAL) then she would be able to adjust status in the U.S. as the spouse of a citizen. You have not identified if you are a USC or not. A greencard holder can also join the military. This would be directly filing with USCIS, no extra penalty fees, and easiest.

IF she was brought in illegally (sneaking through the desert or by boat or in the trunk of a car) THEN you need to find out if any type of immigrant petition or labor certification was ever filed for her or either of her parents PRIOR to April 30, 2001. IF yes and IF it was "approvable when filed" (not frivolous or fraudulent) THEN a new I-130 by you could be filed and "grandfathered" by the earlier petition under INA 245(i).

IF she entered illegally on a FALSE U.S. passport, she would have been too young to have that held against her criminally.

DHS has "parole authority" but it is unlikely for them to grant her parole.

Since she has been in the U.S. for at least 10 years, IF she had an approved I-130 as your spouse (if you are a USC) she could qualify for cancellation of removal under INA 240A(b) [look it up on www.uscis.gov on the laws tab], IF she is "otherwise admissible" as an immigrant. She would need to ask to be put in Removal Proceedings in order to get the cancellation and adjustment of status.

Under no circumstances should she depart the U.S. before obtaining a greencard or else she will be barred from re-entry for 10 years.

Ask the hard questions and see a lawyer. Find free or inexpensive legal help at: http://www.justice.gov/eoir/statspub/raroster.htm and as military member, once you find out that a real case is possible, you qualify for legal aid from the military as well. Special procedures pertain to military dependents' immigration case processing.
 
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I asked her to explain the situation a bit more and this is what I can say about the situation thus far:

She was brought over by her parents via a U.S. woman who claimed her and her sisters as her children at border crossing with her real children's birth certificates. It was clearly an illegal crossing.

To her knowing there was never any paperwork filed at any point. She would most likely be a case for removal.
 
Given that the claim of US citizenship was made for her is a big problem. The fact it was done when she was a minor may affect the outcome. She needs a really experienced attorney!

You need to know the consequences to your career of your relationship with her. You need to know what benefits, if any, you can pass to her because of your service.

You also need to decide if you are willing to give up your life in the US to live in Mexico for at least the duration of her ban.

One thing that concerns me about her is her failure to be open about her situation with you knowing that her relationship with you places you in jeopardy with your employment. If someone really cares about a person, they place that person's interests and well being above their own desires. It really does not speak well for your future together; secrets never help.
 
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