spouse RIGHTS

I'VE BEEN IN THE US FOR 14 YEARS ILLEGALLY, I RECENTLY GOT MARRIED TO A US CITIZENS. WHAT ARE MY OPTIONS TO GET A GREEN CARD???

STEPHANIEM

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Phil's picture

Hi there, thank you for

Hi there, thank you for posting your question. When you say that you have been in the U.S. "illegally" do you mean that you snuck across the U.S. border to enter the country or do you mean that you entered with a visa and were inspected at the border but you just overstayed?

Yes i enter the us illegally,

Yes i enter the us illegally, with no visa or anything. I have never gone to mexico since then.

Phil's picture

Well, you won't be able to

Well, you won't be able to apply for residency in the U.S. which means you will have to leave the United States. Your wife can apply file a petition with the USCIS for an immigrant visa for you but when you apply for the immigrant visa abroad you will be barred from entering the U.S. for a period of 10 years at least because of your unlawful entry and unlawful presence. You may qualify for a waiver of this bar but they can be difficult to obtain and whether or not you qualify will depend on the specific facts of your case. You are in a very tough spot.

So there is no way i can

So there is no way i can waive spending 10 years in mexico? if i apply now they are going to punish me with 10 years in mexico? no other option?

Phil's picture

There are waivers that may be

There are waivers that may be available to you but it really depends on the facts of your case. If an immigration petition was filed for you in the past that should also be investigated as there are some amnesties that could apply to you if that is the case. You probably need to hire an immigration attorney to conduct a thorough case review and tell you what your options might be.

These cases are very complicated, involve a lot of careful investigation of the facts and circumstances of the case. I simply can't do that for you in this forum. The best I can tell you is that you will like be subject to a 10 year bar and that you may qualify for a waiver of this bar.

However, there may be other issues in your case that could present problems so you really should have some one give you a complete and reliable opinion on this so you can make an informed decision as to how to proceed.

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