QUESTION

How long does it take to get legalized by marraige? I am 18 and engaged to my fiance which is in the military. Will I have a chance?

Asked on Sep 17th, 2011 on Immigration - Iowa
More details to this question:
I already have a exsisting petition in the National Visa Center. I graduated from high school, I am in college, have no criminal record, and was brought over to the U.S when I was young. We see each other at least once a month for now. Thank-you!!
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1 ANSWER

Immigration Attorney serving Omaha, NE at Curley Immigration Law, PC LLO
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Thanks for your question.  If you were not brought to the U.S. legally, then you will need to return to your home country for your permanent visa (green card).  The only exception to this rule is if a petition was filed for you or your parents prior to April 30, 2001, in which case you would be eligible to apply for adjustment of status in the U.S. after paying a penalty fee.   When you return home, if you have accrued more than 180 days of unlawful presence AFTER your 18th birthday, you will be barred from returning to the U.S. for 3-10 years and will need a hardship waiver.  The hardship must be to your citizen spouse.  You may want to consider leaving the U.S. before you reach 18.5 years so that you do not need a waiver.  I strongly suggest that you consult with an experience immigration attorney soon about your case.  Good luck, Mark J. Curley www.curleylawoffice.com 
Answered on Sep 19th, 2011 at 12:50 PM

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