QUESTION
Can my fiance in the military help me become a permanent resident?
Asked on Dec 08th, 2011 on Immigration - New York
More details to this question:
I came to this country illegally at the age of 2. I am now 21 finishing college. I have a TIN number with no criminal record. I will be marrying my fiance next year, he is a sergeant in the United States Army. Can he help me obtain legal residence in the US? How likely am I to get a permanent residence card? Anything we can do?
5 ANSWERS
2 Awards
Yes.
Answered on May 31st, 2013 at 12:06 AM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Unfortunately, there is no easy way to correct your status. If you were brought here illegally, you cannot obtain any status (unless the laws change). There is an existing exception that permits the filing of a penalty ($1,000), if you have had a previous family or employment based case filed by 04/30/2001. Has anyone in your family filed such a case? Otherwise, you must go through a consulate process and be subject to a 10 year bar.
Answered on Dec 16th, 2011 at 6:16 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Good news is that these cases are being approved for military spouses even with an illegal entry provided there are no other adverse factors. It is s two step process to first obtain Parole in Place which is like a fictional entry and then processing for permanent residency all while remaining in the U.S.
Answered on Dec 14th, 2011 at 3:05 PM
Immigration and Naturalization Attorney serving San Francisco, CA
at
The Law Office of Christine Troy
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Please schedule a full consult with a competent immigration attorney so you can get all details of your immigration history examined. If you entered legally, then your fiancee can probably sponsor you for a GC once you are married. If you did not, then you need to see if you are 245i eligible or else you can only file by leaving the US. This will trigger a ten year bar and require an extreme hardship waiver (hard to get) so you really want to make a consult.
Answered on Dec 12th, 2011 at 9:04 AM
Leon Wildes
Assuming he is a US citizen he can sponsor you but you cannot get residence. Here because you entered without inspection. Beyon that you must consultwith an expert to see what can be done.
Answered on Dec 12th, 2011 at 8:20 AM