Legal Question in Immigration Law in New Jersey

If someone enters the United States without inspection, s/he cannot obtain a Green Card within the country. Adjustment of Status Application with USCIS is not an option. S/he will have to obtain Permanent Residence through the US Consulate after Form I-130, the Immigrant Petition is filed by the US citizen spouse and approved by USCIS. As a result, a waiver will be necessary to re-enter the US because of the 10 year bar due to unlawful presence in the US.

Go to http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bb515f56ff55d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD to familiarize yourself with the waiver.

I should definitely contact an experienced immigration attorney who will analyze your facts and advise you accordingly.

Good Luck.

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Please note the following change to my previous answer: "[YOU] should definitely contact an experienced immigration attorney who will analyze your facts and advise you accordingly". My apologies for any confusion.

Sincerely,

Alla V. Londres