Legal Question in Immigration Law in New York

Re: citizen marriesan illegal in US after 245i expires

Your case is a regular marriage case filed under sec. 245 because your wife entered legally and was inspected. It has absolutely nothing whatsoever to do with 245i. You pay the regular filing fees only. The only penalty your wife would incur is if she departs the U.S., which she should ABSOLUTELY, POSITIVELY SHOULD NOT DO UNDER ANY CIRCUMSTANCES, EVEN IF INS WOULD GRANT HER ADVANCE PAROLE. If she departs the the U.S. after being illegal for more than one year, which she has been, she is BARRED FROM RETURNING TO THE U.S. FOR TEN YEARS. If she files for adjustment of status & leaves on advance parole, the adjustment of status will be denied after the interview even though she probably will be able to return to he US. However nothing is certain after 9/11. She may be summarily removed without a hearing at the airport. She may be incarcerated upon her return and shipped to NJ or PA or MD where there is plenty of jail space available. There is a waiver available based upon extreme hardship to you. However it is difficult to get.

The moral of the story is to file the I-130/I-485 as soon as posible and MAKE SURE SHE DOESN'T LEAVE THE U.S. UNDER ANY CIRUMSTANCES UNTIL SHE IS A PERMANENT RESIDENT.

If you would like to discuss this matter any further, either email me or call me. The best time to reach me is late in the afternoon or in the evening. I usually work late.

Carolyn Goldfarb

Phone 212 807-0820