do i have to leave?

X

xbiancax

New Member
hello,

My bf and I plan to marry soon. I have no documentation and he is a US citizen. i live in the US, do i have to leave the country in order to fix my status??? i hear from other people's personal experiences that i have to leave for six months or so while fixing status. :confused:
 
DO NOT LEAVE the States.

Since you have been here illegally for more than 180 days (right?), you will be banned from returning to the U.S. for 3-10 years. Do adjustment of status and just wait for your interview and GC. Since you are married to USC, your illegal stay will be forgiven. That is, if you entered legally, with inspection.

if you entered illegally, without inspection (that is, swam accross the river or crossed the border at night in the desert) - you cannot adjust your status to permanent residency and you will have to leave the States, invoking the ban. you can then apply for a waiver of the ban, but chances of success are small.
 
wow
so im basically screwed? i was brought to the US as a child, ive bveen here since 1984 and now that i want to marry i could possibly be deported by trying to adjust my status . :(
 
yes. Get a lawyer. when you were brought in as a child, did your parents come on a visa? or cross the border illegally?
 
hi again
well my parents came in illegally. my father then later obtained his green card but did not bother to do anything for us. he later was arrested served time and his residency was taken away, i haven't seen him since then. Now my mother and i are stuck, i have two other siblings that are US citizens, ages 15 and 17. so i guess the best thing to do is talk to a lawyer.
 
LucyMO said:
yes, it is the best thing.
Click to expand...

You need to see if ANYTHING was ever filed for you to obtain a GC prior to
April 1, 2004. That would get you covered under 245i and the Entry Without Inspection would be waived. Probably the best place to start would be to do a Freedom Of Information Act request and see what USCIS has on you.
 
ok so i went to a lawyer finally

she told me, because my father had a visa i could set an argument to waive the
the exit, but now i have to find his case number and files and well i dont know how to do that. i could hire an investigator but i only will if i really have to, i want to try to do it myself. do u guys have an idea how?
 
Jim Mills said:
You need to see if ANYTHING was ever filed for you to obtain a GC prior to
April 1, 2004. That would get you covered under 245i and the Entry Without Inspection would be waived. Probably the best place to start would be to do a Freedom Of Information Act request and see what USCIS has on you.
Click to expand...

How can she file for FOIA when she does not have receipt number or A# or SSN? Just curious.
 
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