Legal Question in Immigration Law in California

Do I need to go back to my foreing country inorder to obtain my residency if I a

I just got married to a U. S. Citizen, I want to file for my green card. I am not protected by the 245 i, and I want to know if I have to go back to my foreing country inorder to obtain my green card. I came legal to the United State, and right know I have a working Permit which I filed through TPS. My mothers brother, a U. S. Citizen file the application for the 245 i, he included my name in the application. Please let me know my status in regards of leaving the country. Thank you in advance for your time.


Asked on 3/02/05, 3:49 pm

4 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: Do I need to go back to my foreing country inorder to obtain my residency if

You do not need 245 (i)...you would be able to adjust. You should act fast...by April 1st you need to mail the package to Chicago...will take longer processing time. I file my client's I-130 packages at downtown attorney's window..and everything happens very fast.

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Answered on 3/04/05, 6:01 pm
Larry L. Doan Law Office of Larry L. Doan

Re: Do I need to go back to my foreing country inorder to obtain my residency if

If you came here in a "legal" manner as you said, that is you were inspected at the port of entry, and now you are married to a U.S. citizen, then section 245i does NOT apply to you. It's not even correct to worry about 245i. You can adjust your status here.

Larry 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 with appropriate payment of valuable consideration. If follow-up advice is desired on a particular situation, a consultation can be arranged.

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Answered on 3/02/05, 4:14 pm

Re: Do I need to go back to my foreing country inorder to obtain my residency if

Hi,

If you were inspected by an officer when you entered the US, and you have proof (mainly I-94 card) you could adjust status in the US without leaving.

I normally like to llok at the client's paperowk before planning a strategy, perhapos there is something that you missed that might be important to your case.

Feel free to get in touch at 619 819 92 04 0r email me at [email protected] the consultation is always FREE.

Jacob

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Answered on 3/02/05, 4:18 pm
Baoqin Wang Law Office of Baoqin Wang

Re: Do I need to go back to my foreing country inorder to obtain my residency if

It depends on how you entered US. Usually if you were issued an I-94, you don't need to go back to your home country to apply for the green card. Attorney needs to review your paperwork to provide further advice.

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Answered on 3/02/05, 4:24 pm


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