Legal Question in Immigration Law in Arizona
immigration
How would you get residency in the U.S. being illegally here but legally married to a U.S. citizen
2 Answers from Attorneys
Re: immigration
It depends on many factors. The most important question is whether you were inspected and admitted at the point of entry or entered the country illegally. If you were inspected and admitted, you can apply for adjustment of status here. If not, you have to leave the country and go through the consular process. The next question would be, for how long have you been present here illegally. If fo more than 6 months, you will not be able to enter the country for the next 3 years, if fo a year - for 10 years. You may send me more details about your situation to [email protected] and we will see what your options are.
Sincerely,
Re: immigration
Under the current state of the law, the answer depends upon whether (1) you have a "bona fide" marriage; and (2) you have a 245(i) case. For number 2 it means that you would have to be the Beneficiary of the 245(i) Program by having filed (or having a spouse or parent that filed) a specific type of case before April 30th of 2001. If you do not have a 245(i) case then you may be able to get the green card but you may have to leave the U.S. to do so. Please feel to reach us at [email protected] to pursue you case with our office.
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