Will i have to leave the country to get my green card? 5 Answers as of March 14, 2011

I entered the U.S in march 2002 with my visa R B2 but expired on April 2003, at the moment I entered my visa wasn't signed or stamp by the officer in the border and I didn't get a permit. Right now I live with my fiance a resident soon to become citizen and we have 2 children (both U.S Citizen) and I want to get my green card, but I’m afraid 'they' will send me to Mexico (my country) for 10 years. What can I do? Apply for my papers or wait for an amnesty? If I apply for my green card what are the probabilities of being send to Mexico. Thank you.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I will advise you, to await your fiance to become a citizen. But you also must marry as well. Your fiance can then petition for you, followed by an application for adjustment of status, coupled with an application for waiver of inadmissibility, which is what your status is now. If you wish the help of an attorney, feel free to contact me by e-mail or phone, for the setting of an appointment for an in-person or phone consultation.
Answer Applies to: California
Replied: 3/14/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
If you have proof of legal entry then your spouse could sponsor you without you having to leave the US.
Answer Applies to: Florida
Replied: 3/6/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If you entered the U.S. under a B-2 visa and have it stamped in your passport then yes you will be able to adjust your status to get a green card without incurring a 10 year bar. But call my office for a free consultation to make sure I understand your matter properly.
Answer Applies to: Florida
Replied: 3/6/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Here is what I would do: Wait till your fianc is an American citizen, then get married.

File your combined adjustment / petition. In order to qualify to file the papers from within the US, you need proof of inspection and admission. Inspection and admission occurs when the official at the port of entry tells you all is fine and can proceed into the US or pass the gate. You should have something called an I-94 (a small white card). This is your ultimate proof of inspection and admission. Attach it to your visa and passport used to enter the US. This will be one way to prove inspection. If you had one but simply lost it, you can file a request for a duplicate. Use form I-102.

IF you refer to the I-94 as the permit and you really do not have it, then locate your visa, your passport and your plane ticket / boarding pass. Write a statement explaining what happened when you entered the US. Put everything together. It should pass the initial screening in Chicago. When you get the interview, the official might ask you about your I-94 and you tell him the truth. If the officer believes you, all is fine. About 5 years ago, I had a client who was inspected and admitted, but all documents were lost and none could be tracked. He was also from Mexico.

The case got denied at the local office (administrative level) and referred to the immigration court. It took a while and about three hearings, but at the end the judge believed my client and ruled the client was inspected and admitted. He was able to complete the process (Adjustment). He actually got his green card last month. This particular client of mine had less documents than you claim to have. It is logical that a Mexican with a visa and passport would not swim through the Rio Grande and would use the correct manner of entry. You should be fine. Good luck.
Answer Applies to: California
Replied: 3/6/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Proving that you were admitted and inspected will be difficult, but not impossible. If it is proven that you were admitted and inspected then you can obtain your Green Card in the U.S. by being petitioned by your spouse and filing for adjustment of status.
Answer Applies to: California
Replied: 3/6/2011
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