QUESTION
My fiancée plans on fixing my papers, would I have to go to Mexico for punishment?
Asked on Feb 22nd, 2012 on Immigration - Texas
More details to this question:
I plan to get married, but my fiancée plans on fixing my papers. I have been living in the US for almost 18 years now, what do you advise me to do? If I get married, would I have to go to Mexico for punishment, or could the process go here and I could stay?
7 ANSWERS
Leon Wildes
If you entered without inspection, you may have to leave to be processed. If you entered legally, no.
Answered on Feb 28th, 2012 at 9:49 PM
You will need to go to your home country once the petition is approved and go for consular processing but you will be barred from reentry for a period of 10 years because of your overstay unless you can get a waiver of the bar by showing extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.
Answered on Feb 27th, 2012 at 7:17 PM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
It depends on how you entered the United States. If you entered the United States legally you can apply in the US. If not you will have to leave. However, you departure will trigger a ten-year bar. President Obama prosed recent rules to assist people like you to do processing of the waiver in the United States so that your departure will be as brief as possible. Because waivers are factually specific and rise and fall on the facts presented - I strongly suggest hiring counsel.
Answered on Feb 27th, 2012 at 2:58 PM
Before you file anything, please contact an immigration lawyer. There are some changes in consular processing that can help you. Best of luck.
Answered on Feb 24th, 2012 at 8:13 AM
2 Awards
It will depend on some specifics about you and how you came into US. Make an appointment with an immigration lawyer and consult one on one.
Answered on Feb 24th, 2012 at 7:36 AM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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You should consult with an attorney as this type of case is very fact specific. You case depends on how you entered the US, any filings to make you eligible for section 245(i), any other immigration or criminal violations and any extreme hardship to your wife if your waiver is denied. Please note that there is proposed legislation to allow for stateside adjudication of I-601 waivers. This would be extremely important to you as your leaving the US to apply for the immigrant visa will trigger a 10-year bar from entry.
Answered on Feb 23rd, 2012 at 7:08 PM
Criminal Defense Attorney serving New York, NY
at
Law Offices of Nicklaus Misiti, PLLC
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It depends upon how you entered the country. If you came with a visa you should be ok. If you entered by illegally crossing the border you may have to leave. You need to have your case evaluated by an immigration attorney.
Answered on Feb 23rd, 2012 at 7:08 PM