Legal Question in Immigration Law in California

Your USA citizen husband will need to petition for your residency with the Department of Homeland Security. Then, when a petition is approved, you will be required to depart the USA and go back abroad to apply for an Immigrant Visa at the US Consulate in C. Juarez (if you are from Mexico). Because you came to USA without a visa, it seems that you are not eligible for adjustment of status, and will have to apply for a visa abroad. A hardship waiver can be required as well.

You should consult and/or hire a knowledgeable immigration attorney (not a 'notario') before you start this process.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. We speak English and Russian. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

It's a little hard to know. It depends on how the rest of your family got their status, when they got it, what was said when you entered, whether you have any immigration issues apart from what you mentioned, whether your parents or their parents registered to come to the U.S. back in the 1970s, where your ancestors were born and where they lived, if anyone filed an immigrant petition for either of your parents, if so when and in what category, etc.

There is insufficient information to provide legal advice. The above questions are informational and raise some but not all of the issues presented by your situation. They do not form an attorney client relationship. For further information, feel free to call 818 609 1953 or write [email protected].

Sincerely,

Alice Yardum-Hunter, Attorney at Law

Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

If you came to the U.S. with a visa or have 245 (i) protection, your husband can petition your green card. Otherwise, you need to apply immigrant visa at the U.S. Embassy in Mexico with an I-601 waiver.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

The thing that gets my attention is that you said that your parents and brother all have visas. Your boyfriend is not your husband, he cannot petition for you...yet. But it may be that if your parents were able to petition and get a green card, that you may have been on that petition, which might make you eligible through section 245i of the U.S. Immigration Code. Otherwise, it may be necessary for you to apply for a special waiver under what is called an I-601 application. However, there is much more to talk about before you can make your move to get a legal residency visa. If you want to talk more, I am in Southern California, and my direct line is at (323) 244-9021, or my e-mail is [email protected].

The above reply is an informational one only and should not be taken as providing legal advice. Use of this website does not create an attorney-client relationship.