Legal Question in Immigration Law in Kentucky

i m illegal here i m on C1D visa which i m not allowed to be here in usa. i m married to a US citizen .do i have to go back to my country alone to get my papers done or we both ,and if INS catches me will they deport me or thru filling a case with attorney still then will i be deported


Asked on 7/29/09, 12:25 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Yes, you can be deported because you are in the country illegally. Yes, you are not eligible for adjustment of status within the USA and can do only consular processing abroad in your home country. If you've been living in USA illegally for over a year, if you depart the USA you will become inadmissible for 10 years, and a Waiver of inadmissibility will be required.

Attorney [@] law-visa-usa.com

www.law-visa-usa.com

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Answered on 8/03/09, 1:42 pm
Michael Cho Law Offices of Michael Cho

Yes, you'll want to consult with a lawyer and likely apply for the K-3 spouse visa. You may also need a I-601 waiver if you've overstayed more than 6 months in the US thus far.

Detailed information can be found here:

http://www.msclaw.com/K_3_Spousal_Visa.html

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

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Answered on 8/03/09, 2:10 pm


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