Legal Question in Immigration Law in California

Gosh, it can make the world of difference if you have good representation and a case that's approvable. Imagine if your facts were different. Your case could be easier. The difference in your situation is like the difference between attorneys. Some are really spectacular and others are awful. So, yes, it can make a difference in your case. Not all cases require representation because not all individuals require it or cases can be extremely simple too. Yours is not.

It is true that you'd have to depart the U.S. as you describe, IF there was no immigrant petition or labor certification was filed for you (or one of your parents while you were under 21) before April 30, 2001, OR if you have a well founded fear of persecution OR some other rare possibility. The persecution claim is unlikely, but I can't say it never happens either. You might also qualify for relief from deportation, but it's best not to go there. With time your case will likely be resolved in your favor, particularly if there is comprehensive immigration reform.

If you must rely on the "pardon", as you call the "waiver" of inadmissibility, the longer you're married, the better your case. Also, the fact your husband is in the U.S. military will favorably weigh discretion, which is part of the waiver itself. The more hardship your husband would have as a result of you leaving or him being forced to live in Mexico, the better. The worse the government treated him (if they did while he was in the military), the sicker he is, the poorer he is, the more he relies on you, unfortunately, the better is your waiver case. Time and age build up these equities, as is usual between long term couples. Currently, adjudication of these waivers is extremely varied. Many cases are delayed or denied, but many are also approved. The longer your relationship, the easier it is to get the waiver, believe me.

I would be happy to explain more if you contact me offline. Check me out at http://www.yardum-hunter.com, phone at 818 609 1953 or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

I want to add: if you came to USA by plane, did you use somebody else's passport?

This is important to know before applying, as it might be that you were "inspected and admitted" to the USA.

Yes, you shall consult or retain an attorney because your situation is certainly not an easy straightforward case.

I also want to add that if you came to the U.S. using someone else's passport, it could affect the decision of your case negatively, since using a U.S. passport belonging to someone else is falsely claiming that you are U.S. citizen. This act is not looked upon favorably by USCIS.

If you'd like discuss your case further, please call me at 714 288 0574 or email me at [email protected]. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.