Legal Question in Immigration Law in California

Re: I am a resident alien

Marriage to a US citizen or having a citizen child over 21 petitioning for you (don't know how old you are -- probably too young) are probably the most realistic options to adjust your status to that of a greencard holder while remaining here in the U.S. There are other options, such as for example, another type of qualified relative petitioning for you or employment-based petitions, but you would have to leave the U.S. to finalize the green card process, and the danger is that since you've been out of status for so long (original visa expired), you're subject to the 10-year bar of being readmitted back to the U.S. You would have to get a waiver approved in order to get back, which is complicated and requires a real lawyer's assistance to have a realistic shot. By the way, the term "resident alien" in the title of your question usually refers to an alien with a green card, a "lawful permanent resident," which you are not currently.

Larry L. Doan, Esq.

(Straight-talk on Immigration Law at www.GuruImmigration.com)

Note: The above response is provided for information 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.

Re: I am a resident alien

Your matter is complex and you should get an attorney. There may have been rights created by the "fake Lawyers" If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

Re: I am a resident alien

I need some more facts from you in order to assist you. Immigration laws change everyday and you may have been covered under one of these laws. You can call or email me with more facts and I can try to help you.

Re: I am a resident alien

You may have some options, but your situation is probably fairly complicated. Hopefully you have both your old visa/passport from when you came in and copies of the paperwork from "attorneys" used by your family in the past. Please email my office if you'd like to set a time to review your situation.

Re: I am a resident alien

The only things you can do are:

1. Marry a US citizen and file for adjustment of status.

2. If an immigrant petition or labor certification was filed for you or one of your parents with you included in the petition or were a child at that time, then you can qualify for adjustment of status under 245(i) with a new preference petition and application to adjust status on your behalf.

3. Qualify for relief in removal proceedings.

4. Wait until the law changes and hope that you'd be included in those covered.

Check me out at http://www.yardum-hunter.com or email me at [email protected].

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

15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

WEB: http://www.yardum-hunter.com

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