Legal Question in Immigration Law in California
Marriage with American Citizen
Is there new legislation or an extension to an existing law to allow a Mexican Citizen who marries a U.S. Citizen before April 30, 2002 legal papers to remain or work in the U.S. within 15 days or within 1 year?
1 Answer from Attorneys
Re: Marriage with American Citizen
New legislation to extend immigration benefits after 9-11? No way!
I don't mean to be sarcastic, although your question was posted on 9/22 and we didn't get it until now, 11/06. It's probably going to take years before the U.S. is in any mood to help a big group of immigrants, especially Mexicans.
So, under existing law, if the last time you entered the U.S. you were inspected and admitted by an immigration officer, then you can adjust your status through your spouse and receive a work permit. You don't have to leave the U.S. You'll get a green card from one to two years while the INS processes the application.
On the other hand, if you entered the U.S. illegally, and your spouse did not file a petition for you by April 30, 2001, then you have to go back to Mexico to get your papers. However, this could be dangerous if you've been here illegally for six months or more since you will be barred from returning for 3 or 10 years. There is a waiver but it's not easy to get.
Please contact my office if you're still interested.
Liem Doan, Esq.
(310)391-3013