Legal Question in Immigration Law in North Carolina

i been illegal for 24 years in usa ,2 years ago i marry an usa citizen i need to leave the country for personal reason .how long it will take me to come back to usa if my husband do the petition from here?i have four kids whom two of them are usa citizen and the other two are resident.

im from uruguay south america,i come to usa from the mexican border


Asked on 9/01/14, 6:30 am

2 Answers from Attorneys

Philip Eichorn Hammond Law Group

Hi. Each case is dependent on many factors. There are several factors necessary to complete a proper assessment for you. Please contact our office or another immigration lawyer to discuss all of the issues and obtain potential strategies to a) departing and reentering lawfully and b) obtaining immigration status.

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Answered on 9/01/14, 12:37 pm
Marlene Hemmings Marlene Hemmings, Attorney at Law

The problem is, you might not get back in the United States at all!

Once you leave the U.S., the 10 year bar to re-entry kicks in (due to your unlawful for presence for at least one year as of the age of 18).

Your U.S. citizen spouse will need to file an I-130 petition for you. Once it is approved, you will need to apply for the immigrant visa at the U.S, Consulate in Uruguay. At that point, you would need to file a waiver of inadmissibility, due to your unlawful presence (assuming there are no other factors that could make you ineligible for an immigrant visa). Even if the waiver is granted & the immigrant visa is approved, the process could take one year or more. Probably NOT a good idea to leave the United States.

If you want to obtain a "greencard", I highly recommend that you seek representation from an experienced immigration attorney, for filing of the I-130, provisional waiver, etc. In your circumstance, I would not recommend trying to do it yourself.

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Answered on 9/02/14, 10:06 am


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