Legal Question in Immigration Law in California

Re: Approval Notice Received

Dear Sir: regarding whether you can file for the adjustment, it depends on many factors: when you entered, how, if anyone else has ever filed any form of family or employment immigration, etc.

Also, issues such as criminal and deportation must be reviewed to determine if you should even submit an application for adjustment anyway. To do so may cause you to lose more than money; it could trigger deportation consequences. It is always hard to answer questions like yours in a vacuum since there are so many variables that can affect the answer and I sincerely want to do what is best for you. Going to Mexico now is probably NOT what you should do as I know you have been here illegally and if you return, you will be subject to a 3 or 10 year bar pursuant to Sect. 212 of the INA. Finally, your tax issue is separate from immigation. The law requires that you declare any income you earn in this country, whether illegal or legal in status. You should consult a qualified tax consultant or CPA and review your tax issue as that is not an immigration question I can answer. I strongly recommend you contact our office to set up an appointment via phone or email to discuss your case in more depth.

Re: Approval Notice Received

This is very similar to the question titled "Citizen Married To Illegal Alien" from a couple weeks ago. I have a feeling you guys are asking this question again which I answered in detail by private email after you contacted me.

You now clarify that you entered with no papers. People like that need the famous 245i law to help them get their papers by "waiting it out" here. However, that law expired almost 2 years ago on April 30, 2001. Only I-130 petitions filed on or before that date can benefit from 245i. If you got married after April 30, 2001, then you can't benefit from that law (at least not through the marriage). You will HAVE to get your papers in Mexico at the US consulate. But if you've been here illegally for more than a year, the 10-year bar will be triggered if you leave the US for the consulate interview. The bar prevents you from coming back in for 10 years! This is a classic catch-22 situation.

Unless you get serious legal help to get an "extreme hardship waiver" you will be prevented from coming back for 10 years if you leave the US. But if you stay here, your I-485 adjustment of status application will be rejected anyway and the BCIS (INS) might even take your $1,000 without refunding it!

Feel free to call me to set up a consultation.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after an attorney-client relationship has been expressly established.

Re: Approval Notice Received

If you filed the I-130 pursuant to the 245i provision, then you can adjust. Feel free to contact me for more information.

Sincerely,

Myron R. Morales

[email protected]