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?
2 Answers from Attorneys
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.
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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.
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I got married in Ecuador and i need to bring my wife with me to the U.S Asked 2/17/10, 12:16 am in United States California Immigration Law