Legal Question in Immigration Law in California
I been living in the U.S illegally since 1993 and now would like to marry my significant other who is a U.S citizen. would it be best to marry him in the United States or go get married in Mexico?
2 Answers from Attorneys
You'll want to get married in the United States. Depending on how you first entered the country, adjusting your status to permanent residence may involve a I-601 waiver among other things.
You may find detailed information on the process here and I suggest contacting me for a free consultation: http://www.msclaw.com/immigration-waivers.html
The response depends upon how you entered the U.S. If you entered the U.S. without any documentation (EWI), then there is no law currently that would allow you to then adjust your status to permanent resident. There may be legislation that could change that, but to date, there is not. If you entered the U.S. with a tourist visa, and overstayed the alloted entry time, then it's possible for you to adjust your status to permanent resident. If you were to leave the U.S. to marry in Mexico, then you would have to file a waiver with the consulate when your case comes up for an interview, to overcome the 10 year bar. If you have previously been deported, or have any crimes, etc., then you may be dealing with a permanent bar. Therefore, I'd recommend that you contact an immigration attorney to thoroughly discuss your options in your particular circumstances. You may reach this law office by contacting 415-387-1364.
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