QUESTION
How do I know if I am eligible for a green card?
Asked on Jul 20th, 2011 on Immigration - Texas
More details to this question:
My parents brought me to the United States illegally when I was only 11 months old. I am now 19 years old and plan to get married this December. I hope to obtain a green card,residency and later citizenship through this marriage no fraud intended. Would this be difficult to obtain because of my illegal status? Would I be deported or suffer some kind of penalty once I apply? Could I be pardoned because of the young age in which I was brought into the country? Any help is appreciated,thank you.
4 ANSWERS
What country are you from?
Answered on Aug 02nd, 2011 at 8:05 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If you were brought into the US illegally, and are 19 years old now, you began accruing unlawful presence starting from your 18th birthday. As you have over one year of unlawful presence, you will trigger a 10-year bar when you leave the US for any reason. Your age at entry is no a defense to the bar. You would need to have your spouse apply for you, and then you apply for the immigrant visa at your home consulate with a waiver to forgive the immigration violations of the illegal entry, unlawful presence and unauthorized employment. Depending on how your parents entered the US and if anything was filed for them prior to April 30, 2001; you may be able to use INA section 245(i) to apply for your adjustment of status here in the US with the payment of a $1000 penalty rather than the IV consular processing and the waiver. Get all the details from your parents and consult with an experienced immigration attorney.
Answered on Aug 01st, 2011 at 12:13 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Provided that you did not leave US and re-entered after April 97, and if this is a marriage for love, you may be able to adjust status if you are 245i eligible. Otherwise you will have to leave the US and apply for a waiver at your home country.
Answered on Aug 01st, 2011 at 6:13 AM
You have options. I would recommend that you consult with an experienced immigration lawyer. A personal consultation would be in your interest so you can understand and question the attorney on all details and procedures.
Answered on Jul 31st, 2011 at 8:30 AM