Legal Question in Immigration Law in California

Visa Waiver

Hi I am kind of stuck here and I need help. I came here on March 12th 2002 on a I-94W Visa Waiver, I was only authorized to stay for 90 days but I have been here every since. My husband and I got married in March this year and we have a child together, she was born in 2005 in this country. My husband was born here and he is a US resident. I am about to submit my first round of paperworks in. I need some help as to which ones to send in first. I have never been arrested or faced deportation. What else do I need to send in along with the I-130, I-485, I-131, and I-765, as well as the I-693? I spoke to a lawyer but I cannot afford her fee. She mentioned something about submitting a waiver to waive my overstay. Can I submit this waiver myself?


Asked on 6/05/09, 1:40 am

2 Answers from Attorneys
Ricardo Vidal Law Offices of Ricardo Vidal, P.A.

Re: Visa Waiver

If your husband was born here, he is not a U.S. resident for immigration purposes, he is a U.S. citizen. If he is a U.S. citizen, you do not need a waiver when you apply for permanent residence ("green card") because you entered the U.S. inspected. You already mentioned most of the forms needed. The only other form you need is Form I-864.

Good luck.

Read more
Answered on 6/05/09, 11:16 am
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Visa Waiver

You really should consult an Immigration Attorney, because there are many ways to get residency, some of which you may already have. This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation

Read more
Answered on 6/11/09, 1:46 pm


Related Questions & Answers

More Immigration Law questions and answers in California