Can I get an adjustment of status by marriage? 7 Answers as of May 04, 2011

I was brought to the US by the back doors, when I was 7, can I adjust my status? I've been married to an American citizen for 3 1/2 years and we have 2 children. I graduated from high school, and have never been arrested.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
She should file a petition for you so that you can do consular processing, i.e. you will have to leave the US to get your immigrant visa in your country of origin. It would be very difficult (not impossible) for you to adjust here. Make sure you have a good waiver ready to be filed when the consul asks you to do so. See a good attorney for the waiver. I do not recommend that anyone do a waiver alone. Good luck!
Answer Applies to: California
Replied: 5/4/2011
Devore Law Group, P.A.
Devore Law Group, P.A. | Jeffrey A. Devore
If you entered the country unlawfully without inspection it is probably unlikely that you will be able to apply for adjustment of status, though there are some exceptions. Instead you will be required to depart the U.S. and apply for an immigrant visa abroad. Since it appears you have been in the U.S. unlawfully for more than a year this would subject you to being inadmissible to the U.S. for 10 years. However, because you are married to a U.S. citizen you are eligible for a waiver of this provision. Consult an experienced immigration attorney who can explain this process to you and recommend a course of action.
Answer Applies to: Florida
Replied: 4/29/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Sorry, not if you entered without inspection.
Answer Applies to: Florida
Replied: 4/29/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I will tell you, it will be difficult, but not insurmountable. Given that you graduated from high school, and that you've been married for almost 4 years, I imagine that you have been here at least 15 years. You are, under the law, inadmissible, however, you are not without options. You mention adjustment of status without the petition that your spouse would file. That indicates that you know about the adjustment of status. I would tell you that even though inadmissible, it is possible to obtain either a direct waiver of inadmissibility, coming together with an application for adjustment of status, or obtain a cancellation of removal, which would be done before a judge. These options will demand the help of an attorney. If you wish the help of an attorney, please feel free to call or e-mail, to set up an appointment for a consultation, either in person or by phone.
Answer Applies to: California
Replied: 4/29/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Yes have your American wife file an I-130. request a visa stayed married for two more years then you can move to the next step.
Answer Applies to: Tennessee
Replied: 4/29/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    Unless you entered the US legally, or are protected under INA Section 245(i) you cannot adjust your status in the US. To be protected under Section 245(i) you have to be a primary or derivative beneficiary of a petition or labor certification application filed before April 30, 2001. There are other requirements, including physical presence in the US if the petition was filed after January 12, 1998.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    You would need to contact me so I can see whether you are 245(i) eligible thus allowing you to adjust your status within the U.S. as otherwise you may have to leave the U.S. and re-enter with waiver. Contact my office for a free legal consultation.
    Answer Applies to: Florida
    Replied: 4/29/2011
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