More details to this question:
I live in Texas, I enter illegally when I was 14 years old with my parents (06/16/2001) we were not caught by immigration. When I was 17 years old I got a state felony for evading arrest in auto (no drugs, not alcohol, no violence involved). My case was dismissed and I got early release from my 3 years probation. It is a non convicted state felony and something about non disclosure. Now I am 24 years old, that is the only problem I have on my criminal record. I am currently married to a US Citizen, we have a 5 years old daughter and I am 32 weeks pregnant. So my question is, if I want to get an IR1 Visa do I have to leave the US? Do I need to file for an I-30? Even if I got here when I was underage? Do I need to pay for 1 waiver or 2 (State Felony and illegal presence)? I do not work, I am a full time student, this is my last semester.
7 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Were you in Juvenile Court? Any other convictions?
Answered on Jul 02nd, 2013 at 1:25 AM
Assault Attorney serving Richardson, TX
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You have too many issues for an answer without discussion. The short answer is that you need to do consular processing because of the illegal entry. The dismissed case is a big problem as an attorney can explain. You may need a writ to set the conviction aside (a probation indicates a conviction for federal purposes).
Answered on Mar 21st, 2012 at 1:51 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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It is not clear if you have an adult record. If punished as a juvenile, it is not a conviction for immigration purposes. You have to leave if you never were a beneficiary of a family or labor petition. However, you can apply for the waiver in the U.S.
Answered on Mar 20th, 2012 at 11:32 AM
Immigration Law Attorney serving Hialeah, FL
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Hernandez & Suarez, PL
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If your wife petitions for you, since you entered the US without inspection you would have to leave the US to obtain residency and it is completely up to the consulate if they want to let you back in. You will need to file a few waivers. You MAY qualify for cancellation of removal since you have been physically present in the US for 10 years (needs proof), have a qualifying relative (your wife), maybe you are able to prove hardship to her and your children, and you must prove good moral character. I cannot tell you that the charges won't affect you unless I can review the case and the outcome. Now, for applying for cancellation of removal, you must be in deportation proceedings. I DO NOT recommend anyone to voluntary place himself in deportation proceedings. Judges do not like it and winning a cancellation of removal case is not easy. So, unless you are already in removal proceedings, I do not recommend it!
Answered on Mar 20th, 2012 at 11:27 AM
Immigration & Naturalization Attorney serving Olympia, WA
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Seifert Law Offices PLLC
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You have several issues there. I really recommend you see an immigration lawyer with your husband, to discuss your options. Things are changing, so its best you be as informed as possible. Websites are not going to be enough. Your illegal entry results in you being ineligible to complete your green card paperwork in the U.S. You will definitely have to leave... But there are many issues related to that. Please get more assistance.
Answered on Mar 20th, 2012 at 9:36 AM
You are eligible, if you are willing to leave the US to consular process.
Answered on Mar 20th, 2012 at 9:29 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Your wife files the I-130 and after approval,m you apply for the immigrant visa and thw waiver at your home consulate. Please note that there is a proposal to "pre-adjudicate" certain waivers stateside. You still need to apply for the visa at your consulate.
Answered on Mar 20th, 2012 at 9:27 AM