San Mateo, CA Immigration Law Firms & Lawyers

No. You need to obtain a reentry permit to allow you to remain out of the U.S. for up to 2 years. There are also steps you will need to take to demonstrate that you do not intend to abandon your green card such as continuing to pay U.S. taxes on your worldwide income, not filing taxes as a Nonresident Alien, other ties to the U.S.. Before the 2 year period of the Reentry Permit expires you will need to return to the U.S. re-apply for a Reentry Permit and be fingerprinted and then can return to Mexico and have the new Permit sent to you. I suggest a consult to make sure you do everything necessary to hold onto your green card if that is your goal.

There is a penalty for those who are in the US unlawfully for at least 180 days (a little less than 6 months - remember one year has 365 days) after the age of 18. Assuming there is no bar and no admissibility problem other than your girlfriend coming to the US illegally at age 6, I would suggest that she leaves the United States before accumulating the 180 days. She should have proof she left the country such as a stamped passport, plane ticket, etc...Attorneys also have a form available that a returning immigrant can take to the US consulate so that a US official out there can confirm she is outside the US, in front of them. You could either get married here, file the family petition or start the fiance petition while she is here in the US. It takes about 6 months for a petition to be approved. The petition could be approved before she has to go. Once the consulate gets her the appointment, she could leave the US, go to the consulate, stay for a few days, then return to the US, so you do not miss her for too long. My second suggestion is to speak to an attorney to make sure there is no other problem(s) such as use of fake documents to enter the US, or any interception while attempting to enter the US, etc...

Fiance and immigrant visa processing take just about the same amount of time currently 7-12 months. If it is convenient to go there and get married that is my preference as you have one less government agency to deal with and it is more convincing that your relationship is real. If you would like assistance and information on the documents, fees, and procedures, you may contact me at the address below and I will send these directly to you. If you would prefer a consultation first to discuss the pros and cons of the two options then call to schedule.