Can I marry my U.S. citizen boyfriend? 13 Answers as of January 23, 2014

My parents brought me to the US when I was four with my visa. It expired about two years ago. I applied for the deferred action and was approved. I also have a temporary work permit and social security number. I have no criminal record. My boyfriend and I have been together for three years and he's been talking about getting married. I hear that during the legal process of him petitioning for me to become a resident, I have to go to Mexico. Can I marry him at all? And can I avoid going to Mexico? I fear for my safety for obvious reasons. I'd rather not have to go to Mexico.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You should NOT go back to Mexico if you have overstayed your visa because as soon as you leave the US you will be barred from reentry for 10 years. If you entered the US lawfully and can prove that lawful entry, you should be able to legalize your status within the US without having to go back to Mexico, if you are married to a US citizen.
Answer Applies to: California
Replied: 1/22/2014
Law Office of Adebola Asekun | Adebola O. Asekun
On the basis of information you have provided, it appears to me that you are qualified to adjust your status [green card] if you marry your boyfriend, and, if he as a US citizen files all the necessary paperwork with CIS. The entire process, if done properly should take no more than 6 months (from filing to your joint interview and getting a green card. Because, as you explained, you came to the US with a visa, even if long since expired, you will not have to go to Mexico to visa process, and instead, you can apply for and obtain your green card in the US. I must quickly advise though, that there are several considerations in the adjustment of status process and those issues cannot be adequately addressed in this forum. It is therefore suggested that you consult in detail with an experienced immigration lawyer. Good Luck.
Answer Applies to: New York
Replied: 1/23/2014
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You do not have to go back to Mexico in order to obtain a green card through marriage if you entered the U.S. on a visa and your spouse is a U.S. citizen. I recommend consulting with an immigration attorney before you apply.
Answer Applies to: California
Replied: 1/23/2014
Hoang & Tran PLLC | Adam Tran
It appears that you entered legally into the U.S. You do NOT need to return to Mexico and can adjust your status in the U.S. Consult an immigration attorney for details.
Answer Applies to: Texas
Replied: 1/23/2014
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
If your last entry into the US was with a visa, even if it is now expired, you do not need to return to Mexico to receive your green card if you are applying on the basis of your marriage to a US citizen. After you are married, you are eligible to apply for adjustment of status on form I-485. In most cities, you are get married as long as you have a valid form of ID, such as your work permit.
Answer Applies to: Texas
Replied: 1/23/2014
    Mulder Law office, PA
    Mulder Law office, PA | Kyndra L Mulder, Esquire
    Yes. After you marry your husband can sponsor you to become an LPR.
    Answer Applies to: Florida
    Replied: 1/23/2014
    Abigail Law Firm, PLLC | Meghan Abigail
    Because you entered with a visa, you might be eligible to adjust your status in the U.s. without having to leave. However, the adjustment process is relatively high risk compared to other applications. It is also relatively expensive, so it is important to do it right. Make sure to get a thorough consultation to ensure your eligibility. Hopefully, you will be eligible, and you can avoid compromising your safety. Best of luck.
    Answer Applies to: Texas
    Replied: 1/23/2014
    Law Office of Bill Travis Klein
    Law Office of Bill Travis Klein | Bill T. Klein
    There may be options available such as a waiver for you. It will not be easy but it is possible. Talk with an Immigration Attorney to identify the best strategy base on your situation and move forward.
    Answer Applies to: California
    Replied: 1/23/2014
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    If you entered the United States legally and overstayed your visa (with a few exceptions), you will not need to return to Mexico to obtain an immigrant visa. You should be able to seek adjustment of status in the United States. You should discuss your situation with an experienced immigration attorney.
    Answer Applies to: New York
    Replied: 1/22/2014
    Edward Shulman
    Edward Shulman | Edward Shulman
    Since you entered using a visa, if your boyfriend is a United States Citizen, you may adjust your status in the United States without having to return to Mexico.
    Answer Applies to: New Jersey
    Replied: 1/22/2014
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    Yes. You can apply for your green card without having to leave the US. And if done right, the entire process should only take about 3 months from start to finish.
    Answer Applies to: California
    Replied: 1/22/2014
    DAVID BLAKE | DAVID BLAKE
    You can legally adjust your status here in the United States. It would be a very bad idea for you to leave the United States at this point as unlawful presence bars would come into effect when you cross the border. DO NOT LEAVE THE USA UNDER ANY CIRCUMSTANCE.
    Answer Applies to: California
    Replied: 1/22/2014
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