Legal Question in Immigration Law in Iowa

Re: legal status

You'll likely to go to through the waiver process.

You'll find details here:

http://www.msclaw.com/immigration-waivers.html

Re: legal status

If you entered prior to April 30 2001, and anyone filed a petition on your behalf, or a labor certification, or you filed an application for any kind of immigration benefit, you may be protected under the provision of 245i. If you do not have this type of situation, then I recommend that your spouse file an I-130 on your behalf and that you consular process. This is the best option available if you entered without any kind of visa or inspection. I don't know what country you are from, but this is not too problematic. If you have no adverse conditions in your background, the only thing you would need is to waive your unlawful presence, and permission to return to the U.S. as the spouse of a U.S. citizen. For some people this is simply an inconvenience; for others it is, in their mind, impossible. If you have no fear of returning to your country, I suggest taking a little vacation to visit with family, spend a few months while you wait for your interview, and then come back and enter as a lawful permanent resident. Unless there are some difficulties to your return home and coming through the Embassy, this is my recommendation. Would be happy to discuss it all with you if you call my office. Good luck!

Re: legal status

Dear Inquirer:

If you arrived in the US without a visa, then you are not eligible to adjust your status to green card in the US, unless you qualify under Section 245(i). This law requires that you were the beneficiary of an immigrant visa petition or labor certification application filed on or before April 30, 2001 at the latest.

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