How can I obtain a green card through my fiance? 5 Answers as of May 19, 2011I'm 21yrs old. I came to the USwhen I was 6months illegally and ever since I been here. My Family and I are moving back to Mexico next month just cause we can’t have a future here. My fiancé wants to Help me on my status, which is trying to get a green card. Am I doing the right decision on going back to the country and getting married over there? Or should I not exit the state?
Oltarsh and Associates, PC | Jennifer Oltarsh
If you have you will be barred from returning for 10 years. Did your parents ever try to regularize? Are you in school? Maybe Obama will pass the DREAM Act which will help people like you who are in college. I have been practicing for over 15 years. Our immigration law firm has been in the immigration field for more than 45 years. We have handled cases with experience, integrity, and good effect. Please call me. We offer payment plans with no interest.
Answer Applies to: New York
The Jarrett Firm, LLC | Patrick Jarrett
Before you decide to move back, you should speak with an immigration attorney. Your question is unclear as to how long you have been here. I am not sure whether you are saying you have been here for six months or since you were six months old. If you have accumulated more than one year of unlawful status, you will be subject to a ten year bar of reentry when you leave. If you have accumulated more than six months and less than one year your departure will trigger a three year bar of reentry. You will then need to apply for a waiver to be able to reenter within the period of the respective bar. Depending on your circumstances, you may have other options. I suggest speaking with an immigration attorney so that you can make an informed decision.
Answer Applies to: Georgia
World Esquire Law Firm | Aime Katambwe
Under the law, you will be punished for having entered the US illegally even if you go back to Mexico and attempt to re-enter legally.. I understand that you had nothing to do in your illegal entry at 6 months old, but US immigration laws are very illogical and broken in that sense. The Consuls abroad have not shown any sign of compassion in cases like yours, therefore they sometimes punish people in your category harshly. The Dream Act has just been re-introduced in the Senate, I know it is a long shot, but it will be interesting to see what happens to it. There is a push to do something for folks in your category and I truly believe that if any movement is seen in immigration reform, it will be for people in your circumstances. I cannot tell you what to do on that one. But if I were personally in your shoes, I would stay put. Period. Good luck!
Answer Applies to: California
Pacifica Legal Services | Floyd Fernandez
You are in a strange anomaly in the law, which means up means down, black means white. First, don't leave the USA, if you can avoid it. If you leave, and attempt to return, an automatic 10-year ban from eligibility to even apply for any kind of immigration visa, even a tourist visa. What you will need to do, if your fiancee loves you that much, then marry. If she is 21 or over, she can sponsor you. She can petition for you, it will be approved, and then, when the government first says you are ineligible to apply for "adjustment of status"
Answer Applies to: California