Legal Question in Immigration Law in California

It's possible that since your relative filed a petition for you in 1997 or 1998 that you may use 245i to then adjust your status to permanent residence once your husband (a U.S. marine) files for you. You would be best served to speak to an immigration attorney about the details of your situation. Our office would be happy to answer further questions and we may be reached at 415-387-1364 or email: [email protected].

The first step should be to consult a knowledgeable immigration attorney (not a "notario" or "immigration specialist", but a lawyer).

Your situation is more complicated than a regular marriage-based case mainly because you came to USA without being inspected and admitted, as I understand. It doesn't matter that you were a child. The problem is "entry without inspection" which applies to both adults and children.

The old petition filed by your aunt in 1997 might be of help here.

If you�d like to schedule a telephone legal consultation, please let me know: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

Your aunt cannot file a direct petition for you. If your aunt filed a petition to your parent in 1997 or 1998, you might be included in thie petition and qualifed for 245 (i). You might be able to apply for a green card if your husband files a petition for you.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net or contact us via [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.

The steps to be taken in your case include the filing of an immigrant petition and application for adjustment of status, plus penalty filing fee (added $1,000 filing fee paid to the government) for qualification under section 245(i) of the Immigration & Nationality Act. After filing, you will be called for fingerprinting and can also get a permit to work during the process. Since your husband will be leaving soon, you will need to start this soonest to assure he is able to attend the interview which will be set for you. Without him present there are complications which you can avoid. If handled correctly, the process should be smooth - assuming there aren't any hidden issues.

For further information, feel free to contact me directly at 818 609 1953 or [email protected]. The above is general information and doesn't by itself form an attorney client relationship.

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of California

Designated in "Super Lawyers" 2004 - present, "Los Angeles Magazine"