Asked on Oct 03rd, 2013 on Immigration - North Carolina
More details to this question:
i have been here for 9 years, i came to the USA with my mother and 3 brothers/sister i went to school in 5th grade and completed the 10th grade before i dropped out, when i dropped out, months later i had a son from an american girl, i been with her ever since, my son is now 2 years old, i do apply for the dream act, but i will have to get my GED but i cant do that because i cant stop working, is there any other way i can become legal in the USA
If you entered the country legally and marry the American girl, you would be eligible for adjustment of status to permanent residence without leaving the country. If you did not enter the country legally, you might benefit from the Administration's I-601A program if you married the American girl and she filed papers on your behalf. In that process, she would file the I-130 relative petition for you, and upon approval, you would file form I- 601A application for provisional waiver of your illegal presence to U.S.C.I.S. which could be approved while you are here in the country as long as you are able to prove that your departure would cause extreme hardship to your wife. Once the waiver is approved, you would then complete your case by submitting to consular processing and having a normal interview at an American consulate or embassy in your home country. If everything goes well, the time that you would be outside the US would be approximately 6 weeks. You could also wait and see what will happen with the comprehensive immigration reform legislation which for the moment appears to be held up in the House.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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