Legal Question in Immigration Law in California

hi,

my aunt got me in to the U.S. by plane illigaly when i was 4 yrs old. i am now 23 yrs old. and have been marride for two years to a U.S. soldier. we have a one yr old. i have never applied for citizenship. i want to but i heard there would be a 98% chance that i will have to leave back to mexico to ask for a pardon, and there might be a chance that they will say no to my request and i will have to stay in mexico for 10 yrs. ...is there anyway i can file for a drivers license with out having to file for permanent citizenship, just yet?


Asked on 1/19/10, 3:56 pm

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Yes, if you came or were brought to USA illegally (were not inspected and admitted), you are not eligible to USA citizenship. To become a USA citizen, you have to become a permanent resident (green card holder) first.

You can't apply for permanent residency (green card) through the process known as adjustment of status if you came to USA illegally. Yes, if your husband petitions for you, you will have to go to Mexico and apply for a visa and a waiver. If a waiver application is approved, then a visa can be approved as well.

The exception could apply if some close relative had petitioned for you or your parents while you were a child and before April 30, 2001.

How exactly your aunt brought you to USA by plane?

You can't obtain a driver license until your fix your status. As a minimum you have to have a work permit and a SSN in order to be able to apply for a driver license.

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 paid 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 1/24/10, 4:12 pm
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

How exactly did you come in 'illegally' by plane. You would have had to have been inspected. Please let me know so I can advise you further.

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Answered on 1/24/10, 10:27 pm
Charles Medina Law Office of Charles Medina

If you have 245 (i) protection, your spouse might petition you for a green card. 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.

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Answered on 1/25/10, 10:23 am


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