How can I file for residency if I’m an illegal immigrant? 1 Answers as of August 23, 2010

I am an illegal immigrant but I’m married to a US citizen. Can I file for legal residency? Would it help to have a lawyer?

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Law Offices of James C. Bechler, A.P.C.
Law Offices of James C. Bechler, A.P.C. | James Bechler
I assume by illegal you mean you came into the U.S. without a border inspection. EWI = entered without inspection is a term of art for immigration which causes you to have no status and thus you cannot adjust status to an immigrant resident (i.e., green card). Bottom line- being married to a citizen does not give you status for immigration purposes. The only way to get status is to apply for a visa at the consulate in the foreign country where you have citizen ship. This may not be a good option however because if you leave the country, you may be barred from reentry. You definitely need to speak to an immigration attorney.
Answer Applies to: California
Replied: 8/17/2010
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