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What will I have to do now that I am married to a us citizen
Anonymous7 views5 answers
My name is Blanca I'm 25 I was brought over here when I was 3 years old my dad started the proses to get my papers but never finishes the proses it stopped when he had to go down to immigration I am now married to a us citizen but have only been married for one year but we have 3 kids together would I have to star the whole proses all over again?
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Yes, you would need to restart the entire "process" all over again.
You shouldn't make a move without the professional assessment and assistance of a reputable immigration lawyer. The first task of that lawyer should be to see whether or not you are considered "grandfathered" under INA Section 245(i) and can apply for adjustment of status (AOS) right here in the USA, without necessitating and hardship waiver and departing to a US consulate in your home country to obtain your immigrant visa.
If you are not eligible for 245(i), then I would recommend applying for DACA and once approved, seeking to obtain an Advance Parole travel document with which to travel out of the country and be readmitted as "parolee" upon your return - which is valid "status" that will permit you to apply for AOS (green card) right here in the USA, without having to apply for the hardship waiver, etc.
I recommend you consult an immigration attorney to discuss what process your dad started for you. Then explore how a US Citizen spouse may sponsor you.
Mr. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith's statement above does not create an attorney/client relationship.
You should consult an Attorney. if you have entered USA on a visa when you came first and never left, you can file I-130, I-485, I-765 and I-864. If you entered USA illegally then it needs to be checked whether you are covered under 245i or not.
Hi Blanca, did you have a visa when you were brought here? Also, where were did you come from? The answer to these questions will help me determine what you need to do next. I would recommend speaking to an immigration attorney. Many of us are more than willing to help you through the process.
