Legal Question in Immigration Law in California

There is no fast way, I am afraid. A close relative or a fiancee has to petition for him, and he will have to go back to his native country to apply for a visa and a hardship waiver. Unless he can prove that he is eligible for adjustment of status under 245i.

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It depends on his manner of entry. When you write brought illegally, does that mean that he didn't pass through a port of entry into the U.S.? If so, then he would need to qualify under a law called 245i to adjust status to permanent residence within the U.S. Otherwise if not and if you're a U.S. citizen, he could qualify to have an immigrant petition approved, but would have to leave the U.S. to process an immigrant visa. By leaving, he would trigger a three or ten year bar, depending on his age. If the bar to admissibility is triggered, then he'd need a difficult waiver approved first based on hardship to his close U.S. relatives and waivers like this are only granted about 50-75% of the time. The bar is not triggered if he was the direct or derivative beneficiary of an immigrant petition or labor certification filed before 4/30/01 and he was present in the U.S. in 12/2000.

The above is general information, not legal advice and it doesn't form an attorney client relationship.

For further information, feel free to contact me at 818 609 1953 or [email protected].

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

Hello:

Please let me know what is your cousin's education and work -experience. Also, did you cousin ever have anything filed previously to immigration? If so, when and where and by whom? Where were the parents born? Did they ever become U.S. Citizen's? If so, when and where?

Generally it requires marriage to a US citizen followed by a I-601 waiver and consular interview at the US embassy back in the fiancee's home country. You may find more information about this process here:

http://www.msclaw.com/i-601-unlawful-presence-waiver.html

I suggest a free consultation with an immigration attorney to better explore your options.

If your financee has 245 (i) protection, you can petition his green card if you marry him. 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.