does the INS overlook that u were illegal in the first place before u got married to the US citizen ? Could i apply & wait for the INS answer while waiting in the States or do i have to apply & wait for the answer back in my country ?
2006-12-17 14:15:11 · 14 answers · asked by Anonymous in Politics & Government ➔ Immigration
You will have to apply and return to your country to wait for processing, at which time a bar to Admissiblity will be triggered. You will then need to file a waiver and show extreme hardship to overcome the ban. Being married to a USC doesn't exempt you from any of those requirements. A good Immigration Lawyer is your best chance.
Section 212(a)(9)(B) of the Immigration & Nationality Act
"Persons who are out of visa status, and persons who entered uninspected (illegally) can neither change status or adjust status to permanent residence within the United States, they must all leave the United States to apply for immigration benefits. It is upon leaving the United States that the Bar to Admissibility raises, and the person is prohibited from returning to the United States until they have satisfied the requirements of the Bar to Admissibility. "
2006-12-18 07:07:42 · answer #1 · answered by Alie 4 · 0⤊ 0⤋
First of all, embrace yourself for some really nasty "answers" here. Secondly, it's not recommended that your spouse petition you since you are here illegally you would need to leave the US and wait in your country of birth. You could be banned from re-entering anywhere between 3 to 10 years, given that you have already resided in this country illegaly. UNLESS you had already been petitioned before by a family member or by your employer, prior to April 30, 2001; which was the deadline for 245(i) which basically allowed you to adjust your status here in the US and all you had to do was pay the $1000 fine. I suggest you wait and see if there is any immigration reform. Also, be aware that there are a lot of "consultants" or "notaries" that will tell you that you can be petitioned. Seek professional help, preferably with an immigration attorney that's licensed to practice in your state of residence. Good luck to you!
2016-05-23 03:23:51 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Actually, they MAY overlook it. But there are no guarantees. You can be sent back to your country while waiting for the paperwork to go through.
We applied for my husband's visa (green card) within six months of being married and it took about a year for the whole thing to go through. We hired an attorney to handle the paperwork and it was $1500 well spent, so I would definitely recommend going that route, especially if you've already overstayed your visit.
2006-12-17 14:28:08 · answer #3 · answered by JenMcS 1 · 2⤊ 0⤋
There is a long and expensive battle to citizenship. You can no longer "become legal" just by marriage. You must file papers then wait for the interview (for Mexico) in Ciudad Juarez. My lawyer says that at this point filing the paperwork and waiting for amnesty are about the same gamble.
2006-12-18 02:58:27 · answer #4 · answered by angelsamorcito 2 · 0⤊ 0⤋
In order to marry in the United States one has to be a legal US citizen. One of the question that will be asked is,'' Are you an american citizen?''. If you lie to this question and are later caught your marriage will not be recognized as legal regardless of how many years have passed.
2006-12-18 03:00:22 · answer #5 · answered by GUERRO 5 · 0⤊ 0⤋
you can apply and wait here then you will get a letter stating you have to go back to your country for 6 months to a year depending on the waiting list
2006-12-18 01:35:48 · answer #6 · answered by fineladysouth 3 · 0⤊ 0⤋
U should do it the right way, wait for the paperwoprk and the come in the country and get marry... can he go to ur country and get marry to you there???
2006-12-17 14:50:40 · answer #7 · answered by u_better_remember_me 3 · 0⤊ 0⤋
Nope your still illegal. You will be DEPORTED (among other things) or go through about 15 years (give or take)and an load of cash to be a citizen. you need to go back from where you came, then apply. have fun.
Hey question 4 u! Where are you from anyway?
2006-12-17 14:24:50 · answer #8 · answered by hj 3 · 1⤊ 3⤋
I don't know but I don't understand why a husband who really loves you would put you in this position. Is this his idea of taking good care of you? I wished you Mexican girls wouldn't pick up with these guys who won't take the time or commitment to make it legal for you. If you were married in the States who knows if your marriage is even legal. I wish you the best.
2006-12-17 14:26:21 · answer #9 · answered by Mercadies2000 7 · 1⤊ 3⤋
If you are illegal and marry a citizen, it does not change your illegal status. You can be shipped out just as fast as those Swift workers were.
2006-12-17 14:17:45 · answer #10 · answered by Anonymous · 2⤊ 3⤋