QUESTION

How long will it take for me to fix my immigration papers?

Asked on Jun 12th, 2012 on Immigration - California
More details to this question:
i recently married my fiancรฉ. He was born in the u.s and i was born in piedras negras mx. I was brought here by my parents when i was 7, i entered with a visa passport but now its expired. I finish high school but i want to enter college but i need a social security number. How long will it take from me to get my papers fix?
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9 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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In this particular case, first the Consulate Processing must be completed. This allows the petition to first be sent to the National Visa Center, and then the appropriate documents and package to go to the U.S. Consulate or Embassy. This would be the basic procedure whereby the petitioner in the United States submits a petition to allow the beneficiary to come into the United States as a lawful permanent resident. Generally speaking, from the time we submit the Consulate Processing until the interview at the U.S. Consulate or U.S. Embassy, the time is around one year. A Waiver of Inadmissibility will have to be obtained. The procedure for this will be that the Waiver will be able to be submitted to the USCIS inside the U.S., rather than outside the U.S. Additionally, once the regulations are finalized, it will be able to be submitted PRIOR to leaving the United States and if approved, a Provisional Waiver will be issued. In this case, upon exiting the U.S., you would not have to wait years for adjudication of the Waiver as the hope is that is already approved and it would simply be a matter of having the Consulate Processing interview and returning. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.
Answered on Jun 21st, 2012 at 9:01 PM

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U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
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Hello. As long as you still have proof of that original entry, you can process your case in the US. It will depend on the city/district of USCIS you live. However, it generally takes about 3 to 4 months.
Answered on Jun 21st, 2012 at 7:04 PM

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Business Law Attorney serving Atlanta, GA at Elkhalil Law, P.C.
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As soon as you get married, you can file your papers immediately. Within few months, you will have your work authorization, social security, and driver license. Then within a year you should receive your conditional green card. This is the case if there are no other impediment to the process of your case like criminal records.
Answered on Jun 21st, 2012 at 4:37 PM

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Thomas J. Rosser
Since you are a longtime "overstay" but entered initially on a valid visa you may have the opportunity to have your new US citizen husband file a series of concurrent spousal adjustment petitions to allow you to receive an I-551 "green card" (assuming you have not departed the US since your initial entry).
Answered on Jun 20th, 2012 at 9:33 PM

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Immigration Law Attorney serving Atlanta, GA
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Generally, if someone entered the U.S. lawfully and with inspection and then married a U.S. Citizen, she may apply to adjust status in the U.S. to become a Lawful Permanent Resident (to get a "Green Card"). This is true even if she may have long overstayed her visa. Once the Adjustment of Status application (along with Petition for Relative Alien and other required filings) has been properly prepared and filed, the USCIS's Atlanta Field Office is scheduling final adjustment interviews within approximately 5 months.
Answered on Jun 20th, 2012 at 8:08 PM

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Assault Attorney serving Richardson, TX
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You can plan for around four to six months for approval of the I-130. The whole process takes several years till the conditions can be removed.
Answered on Jun 20th, 2012 at 7:00 PM

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Your paperwork can be fixed in as fast as 4-6 months without having to leave the US.
Answered on Jun 20th, 2012 at 5:55 PM

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Your USC husband can file an I-130 petition for you and you can file an I-485 application for permanent residency at the same time. You can file an I-765 application for work permit at the same time and it should be issued within 90 days if you are eligible. With that you can get a SS card. If all is proper, you may get an interview and LPR card in about 3 or 4 months.
Answered on Jun 20th, 2012 at 5:33 PM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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It only takes about 3 months to get a green card from start to finish. As long as you have proof that you entered the country legally (even if it was 20 years ago), you can apply for your permanent resident status after marrying a US citizen.
Answered on Jun 20th, 2012 at 5:32 PM

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