Do I have to leave the country to adjust my status? 2 Answers as of March 17, 2011

I came into the country illegally with my parents when I was 2 yrs. old. Now I am married to a U.S. citizen. Do I have to leave the country before I get an acceptance letter for my petition?

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you are not protected under Section 245(i) and you last entered the U.S. illegal and without inspection, then you are not eligible for adjustment of status. Instead, after your petition is approved you would have to leave the U.S. and apply for an immigrant visa at the U.S. consulate in your home country. Since you have been illegally in the U.S. for so long you would be barred from returning to the U.S. for 10 years unless a waiver is granted. Waivers are not easily granted and are best handled by an immigrant attorney.
Answer Applies to: California
Replied: 3/17/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
I would need to ask you further questions before telling you whether you need to depart the U.S. Contact my office.
Answer Applies to: Florida
Replied: 3/17/2011
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