Can I somehow get a green card? 3 Answers as of June 17, 2011

I am on visa waiver program. I got married while I was still legal here and we have a baby together. Can I somehow get a green card?

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Depending on your jurisdiction ans the exact facts of your case including your intention when you entered, you can file for a gc in the US via your USC spouse. You can also leave on time and file from abroad.
Answer Applies to: California
Replied: 6/17/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Yes. Your American spouse can file an immediate relative petition on your behalf and you can apply for permanent residence at the same time. Honestly, you need to take care with your process because of your entry so it might be a good idea to retain an experienced attorney, Why? You should know that you only get one chance at this because of the visa waiver program. You must be approved by USCIS because an Immigration Court does not have jurisdiction over any renewed application and you can be deported without a hearing because visa waiver means not only waiving the need for a visa but also waiving your right to a court proceeding.
Answer Applies to: Virginia
Replied: 6/16/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If your spouse is a U.S. citizen then you can have your spouse petition for your green card without leaving the U.S. You need proof that you were admitted and inspected. Contact my office if you need us to assist you in filing the petition.
Answer Applies to: Florida
Replied: 6/16/2011
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