Immigration Issues/Family Visa Petition

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Question
Thank you for your answer.  The allien entered the US ilegally when he was 9 years old back in 1987/89.  Would a waiver be required or would he be prevented from returning to the US if he goes to a consular interview in Mexico?

Thanks!




Followup To
Question -
What is the application procedure if the beneficiary lives already illigally in the US but is married to a US citizen. can he applied for adjustment of status or would have to go back to his country to a consular interview.  Would he face deportation while waiting application process?  Would it affect his application in any other way for being here illegally? Can he get a green card?

Thanks!
Answer -
It is impossible to answer your question thoroughly without an in-depth consulation since seemingly minor facts may change the outcome entirely.

However, as a general matter, aliens who entered the US legally and have merely overstayed their visas are eligible to adjust based on marriage to a US Citizen without leaving the US and the filing of an I-485 will immediately return the alien to lawful status.  Alienw who entered the US illegally (again as a general matter) are not eligible to adjust without leaving the US and leaving the US will likely trigger a 10 year bar to reentry.

NOTE THAT THE ABOVE ARE GENERAL ANSWERS AND THERE ARE SIGNIFICANT EXCEPTIONS TO BOTH OF THE ABOVE STATEMENTS.

Jim Mills
Anthony Olson, P.A.
Immigration Law Firm
2121 Main Street, Suite C
Sarasota, Florida 34237
Tel: (941) 362-7100
Fax: (941) 362-7107
jim@immigrationvisausa.com
Website: www.immigrationvisausa.com  

Answer
If the alien leaves the US a waiver would be required to get back into the US before 10 years have passed.  If there is a final order of removal or a deportation order there may be additional problems.  However, there may be an exception if the alien filed certain documents prior to April 30, 2001.

The analysis of a particular fact pattern and recomendation of a course of action (particularly in a case such as this where misinformation could lead to catastophic consequences) is beyond what I can do in this forum and you would need to schedule a formal consultation.

Immigration Issues

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James D. Mills, Esq.

Expertise

I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.

Experience

I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

Organizations
American Immigration Lawyer's Association.

Education/Credentials
Juris Doctorate, Rutgers School of Law- Camden, 1997

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