Legal Question in Immigration Law in California

I have been here for 20yrs. my parents brought me when I was 1yr. old. I have a 4yr. old daughter and her father and I want to get married. He is a U.S. citizen. What can I do to fix my papers and become a citizen? Do I have to leave the country?


Asked on 2/20/10, 6:46 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Yes, most likely you will have to leave the country to apply for a visa and a hardship waiver abroad, if you came to USA illegally (even as a child) and no one ever had petitioned for you or your parents prior to 2001.

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. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 2/25/10, 6:59 pm
Vivian Szawarc Law Offices of Vivian N. Szawarc

First of all you need to find out if anybody ever filed a petition for either one of your parents while you were still a minor, such as an employer, a brother, etc. If so, you should be able to apply within the USA without departing. Otherwise you would have to travel to the US consulate in your country of birth. The problem is that upon your departure you will trigger a 10 year penalty for which you would have to apply for a waiver abroad.

Feel free to call me for further information, I offer free phone consultation or via email at

[email protected]

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Answered on 2/26/10, 12:18 pm


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