Can my fiance petition for my green card if I entered the country illegally? 2 Answers as of June 13, 2011

When I was 12 I came on a school trip from Mexico and stayed in the US. I am 23 now and have 2 kids of past relationships. Now I'm planning on getting married to a US citizen. Will he be able to petition me for a green card?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Yes, your new husband will be able to petition you for a green card, and even now as a fiance. You can be petitioned, due to the fact you entered into the USA legally, then overstayed, even though on a school trip. An anomaly in the law allows your husband and you to gain that green card under a petition for a spouse or fiance (I-130 or I-129 fiance petition). I would get on with that program now, because you are eligible in multiple directions. You will need an attorney for this, you and your fiance. Give me a call or e-mail to schedule an appointment for an initial consultation. Best to you.
Answer Applies to: California
Replied: 6/13/2011
Lyttle Law Firm, PLLC
Lyttle Law Firm, PLLC | Daniella Lyttle
Yes. But it's a very difficult case that will require a waiver. Waivers are difficult cases. You should meet with a lawyer to see if you can do that. This answer applies to all states in the U.S. as immigration law is federal law.
Answer Applies to: Texas
Replied: 6/13/2011
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