Will I have to leave the U.S? 1 Answers as of April 11, 2011My Mom Is Going To Marry My Step Dad Soon Before I Basically Turn 18 Because My Step dad Wants To Help Me Become A Permanent Resident. Will I Have To Leave The U.S Because Sincerely I Have Been Here Since I Was 3 Months Old And Love The U.S And Have Never Been To My Home Country So I Wouldn't Want To Have To Leave?
Nicastro Piscopo, APLC | Louis M. Piscopo
Whether you will have to return to your home country to get a Green Card depends on several factors. If you mother and step father marry before you turn 18 and your step father is a US Citizen and you legally entered the U.S., then you do not have to leave the US to get your Green Card. However, if he is not a US Citizen, or you did not legally enter the US, and you are not protected under INA Section 245(i) then you would have to leave the U.S. to get your Green Card. However, if that is the case, they you need to speak to a immigrant attorney since you may or not be barred from returning for 3 or 10 years if you leave.
Answer Applies to: California