I assume that your husband is either a US citizen or permanent resident. Unless you qualify under section 245(i) having had a labor certification application or immigrant visa petition filed on your behalf by 4/30/01 and having been present in the US on 12/21/00, you would not be allowed to adjust status and must ultimately consular process your paperwork. The first step is your husband filing form I-130 petition for alien relative for you, having it approved and forwarded to the National Visa Center (NVC) of the Department of State, and then filing an I-601A application to waive the 10 year bar brought on by your unlawful stay. The standard for passage of an I-601A is proving extreme hardship to your husband (or a parent if your mother or father is a US citizen or permanent resident). Kindly note that this waiver application is only available to those who are inadmissible only because of being in the US in violation of law. Assuming that the waiver application is approved, you would complete the preliminary processing at the NVC, which would then set up an interview for you at the American consulate or embassy in your home country. Assuming that there are no other complications, you would likely return to the US with permanent residence within 30-60 days. 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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