QUESTION
When we marry can I still apply for a green card how hard is going to be?
Asked on Dec 27th, 2011 on Immigration - Texas
More details to this question:
My parents brought me to the U.S when I was five and I am currently in High School. I am now 19. My boyfriend and I are planning on getting married. What are going to be my obstacles?
11 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Lots more facts need to be known to properly advise you.
Answered on Jul 08th, 2013 at 1:07 AM
If you entered the US unlawfully, under the current immigration laws, you will not be able to legalize your status within the US even if you get married to a US citizen. You will need to go back to your home country but as soon as you depart the US, you will automatically trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.
Answered on Jan 05th, 2012 at 1:09 AM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
You have to have proof of legal entry in order to obtain residence in the U.S.
Answered on Jan 04th, 2012 at 11:58 PM
Criminal Law Attorney serving Newport Beach, CA
at
Right Choice Law
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If you entered without inspection or illegally then you will likely be required to return to your home country to process the applications for legal status through your U.S. Spouse. If you entered on a visa or other legal status, consult an attorney because depending on the method of entry, you may not have to return but may require to show hardships to your spouse if returned. An attorney is recommended because it is complicated process. Good luck and thank you.
Answered on Jan 04th, 2012 at 9:51 PM
civil litigation Attorney serving Portland, OR
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Morinaka Schworm LLC
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The biggest obstacle facing you will likely be determined by the manner by which your parents brought you here. You will need too talk to an attorney to determine the likelihood of success on your immigrant visa petition. Investigation into your parents history will also be important.
Answered on Jan 04th, 2012 at 9:38 PM
You can apply for permanent resident status through your spouse without leaving the U.S. if your parents brought you here on a visa or you are grandfathered by INA 245(i). Otherwise you will have to leave the U.S. an apply for an immigrant visa. However, you will trigger a bar that prevents you from being issued any visa for 10 years if you leave the U.S. and will need a waiver to overcome the bar. Those waivers are not easy to get. Best advice is to consult with an immigration attorney for a review of your immigration history and options.
Answered on Jan 04th, 2012 at 4:47 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Please have a full consult with a competent immigration attorney in your area to fully vet this case before you do anything! There are many factors that impact your case: how you entered the US, using a fake SS#, criminal history, if you have been a crime victim or are protected by 245i.
Answered on Jan 04th, 2012 at 4:39 PM
Business Attorney serving Houston, TX
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Katine & Nechman, LLP
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If you did not enter the US with inspection, you may still have trouble trying to adjust status through marriage in the US. If you entered legally and have been in the US since entering, you may be able to obtain permanent residence in the US, but you should still speak to an attorney, especially if you have ever been arrested.
Answered on Jan 04th, 2012 at 1:23 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If you entered the US illegally, you may not adjust your status to permanent resident even if you marry a US citizen unless you are protected by 245i.
Answered on Jan 04th, 2012 at 1:23 PM
You need to discuss your case with an immigration lawyer to see if you are eligible for adjustment of status inside the U.S., or whether you will have to consular process. Either way, you need to know so you can plan accordingly.
Answered on Jan 04th, 2012 at 1:22 PM
Immigration and Naturalization Services Attorney serving Houston, TX
at
Nossa Law Office, P.C.
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Obstacles: How you entered the United States. If illegally, then the issue is going to be whether or not you qualify for 245i of the Life Act. If not, then you will be looking at the need for a waiver and a return to your home country. Please note, consulting with an experienced immigration attorney will go a long way in clarifying what if any relief is available to you.
Answered on Jan 04th, 2012 at 1:17 PM