QUESTION
I entered the US illegally and married a US citizen does that qualify me for anything?
Asked on Jan 15th, 2013 on Immigration - Nevada
More details to this question:
Enter USA Illegally on 2002 10 years ago, married to a natural born USA Citizen, two kids and I have no criminal records. Do I qualified for anything? How long does this process takes? Thank you very much.
7 ANSWERS
No, unfortunately, under the current immigration laws, you are not eligible to legalize your status within the US. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Jan 24th, 2013 at 1:09 AM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
You will be eligible to benefit from the new policy of asking for waivers of inadmissibility in the United States. Under the current law, because you entered without inspection you will have to return to your home country to obtain you residence. The new policy is designed to allow that trip to be fast and with much less uncertainty. Waivers are based on individualized facts and I suggest hiring competent counsel.
Answered on Jan 21st, 2013 at 12:18 PM
Intellectual Property Attorney serving Menlo Park, CA
at
Sheppard Mullin
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Because you entered the US illegally, you cannot adjust your status in the US. Please follow the following steps: your wife should file visa petition for you(I130); file 601A waiver once I130 is approved; go to your home country to apply for immigrant visa once the waiver is approved.
Answered on Jan 17th, 2013 at 9:46 PM
You can apply for a green card but will need a waiver if you entered unlawfully. You may be eligible to apply under the new provisional waiver regulations that take effect in March 2013. You should consult with an immigration attorney about your case.
Answered on Jan 17th, 2013 at 9:46 PM
Based on the information you provided, your spouse can apply for you, but you will have to return to your home country to process. Immigration has recently started a new program for people in your situation so you only have to be out of the country for two weeks. Waivers are very complicated and the process is very expensive (not including any attorney fees!) It is possible but you should consult with an experienced immigration attorney. Good luck!
Answered on Jan 17th, 2013 at 9:43 PM
Robert E. West
Maybe, depending on your age when you arrived and whether or not you finished high school or a ged here in the US.
Answered on Jan 17th, 2013 at 9:43 PM
Rebecca T White
Depending upon your age, you may qualify for DACA. You may also be able to file an I-130 and a waiver for your unlawful presence to adjust status.
Answered on Jan 17th, 2013 at 9:43 PM