QUESTION

I want to marry my girlfriend who is a citizen, do I have a chance of getting my green card?

Asked on Jun 14th, 2012 on Immigration - Michigan
More details to this question:
I've been in the USA since I was 5, I'm now 24. I have no criminal record. I want to marry my girlfriend who is a citizen, do I have a chance of getting my green card?
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11 ANSWERS

How did you enter the US? Were you inspected by an immigration officer?
Answered on Jun 14th, 2013 at 12:52 AM

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Immigration Law Attorney serving New York, NY
Whether you can obtain your residence in the United States depends on how you entered. If you entered legally, you can file for adjustment in the US. If, however, you do not have proof of entry you can only obtain your residence overseas. Your departure will trigger a 10-year bar for which you will need a waiver. Those waivers can be obtained in the United States. You also likely qualify for work authorization under Obama's new policy.
Answered on Jun 29th, 2012 at 10:56 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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*Consulate Processing* 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. If done correctly, you will be able to enter as a Lawful Permanent Resident and will be in the U.S. in less than one year. Of course the time might be a bit less or more depending on the backlog of the U.S. Consulate or Embassy and whether or not a Waiver of Inadmissibility is needed. *Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. 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 28th, 2012 at 5:42 PM

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Business Law Attorney serving Atlanta, GA at Elkhalil Law, P.C.
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It depends on how you entered the U.S. If you entered with a visa and you overstayed, you can adjust your status in the U.S. If you entered without inspection, you cannot adjust your status in the U.S.
Answered on Jun 26th, 2012 at 12:49 PM

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William C. Gosnell
Yes get married live together two years then file an I-130.
Answered on Jun 25th, 2012 at 5:47 PM

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Rebecca T White
You will want to schedule a consultation to fully discuss your options. You can likely obtain a green card. However, when and how you entered the US, and your parents immigration status, may impact the best path to obtaining a green card.
Answered on Jun 25th, 2012 at 5:19 PM

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Did you enter the US unlawfully? If yes, then you would not be eligible to adjust status within the US but would need to go back to your home country for consular processing but as soon as you leave the US, you automatically trigger a 10 year bar to reentry unless you can get a waiver on the basis of showing extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases. 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 Jun 25th, 2012 at 5:16 PM

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Immigration & Naturalization Attorney serving Seattle, WA at Orbit Law, PLLC
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The chances of you getting a "Green Card" depend on: 1. How did you enter: The process you will have to complete in order to get a Green Card is different depending on factors like whether you came to the U.S. legally or Illegally; 2. Criminal convictions or prior negative Immigration history; 3. Whether you and your girlfriend can show that the marriage is a "good faith" marriage i.e. not entered into solely for immigration purposes These are just the key things you need to keep in mind. The best thing to do is to hire an Immigration attorney in your area who has handled such applications before.
Answered on Jun 25th, 2012 at 5:06 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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If you entered the US legally then yes you should be able to adjust status to green card. If you entered the US illegally then unless you are protected by 245i, you cannot adjust status in the US. Please consult with immigration lawyer for advise.
Answered on Jun 25th, 2012 at 5:02 PM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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It depends on your manner of entry, immigration filings in 2001, immigration violations, and hardship to your spouse. Consult with an attorney.
Answered on Jun 25th, 2012 at 5:02 PM

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Yes, you do. I would recommend you do so as quickly as possible as currently you are out of status and are subject to removal at any time. The key thing is that this must be a bona fide marriage and you must be prepared to prove it is. Good Luck.
Answered on Jun 22nd, 2012 at 2:47 PM

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