Tustin, CA asked in Immigration Law for California

Q: I entered the country illigally then i got married with a US citizen(2yrs). Now we have a baby, how can i fix my statu?

Ive been married for 2 years and our baby is 1 yr old. I came to this country on 2003 and have never request a patition before, some lawyers tell me i have to leave the country and re-enter but i wonder if there is a way i can stay and do the process from here. My record is clean i have never been in jail or done any criminal acts.

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1 Lawyer Answer
Gus M. Shihab Esq
Gus M. Shihab Esq
  • Immigration Law Lawyer
  • Columbus, OH

A: Dear Sir/Madam,

The advice you received is correct. Unfortunately, because of a law passed in 1996, there is no way for you to adjust your status to permanent residence unless you had been inspected by a US Immigration Officer when you entered the US. If you entered without inspection, you will then need to apply for a waiver of the 10 year bar before a US Consulate in your country of citizenship. The only other alternative is to wait until 2013 when you have been present in the US for 10 years and try to apply for cancellation of removal. Please bear in mind that in either solutions discussed herein, you will have to show extreme hardship to a US Citizen child or spouse in order to qualify. This is a very high standard. You should consult with an experienced immigration counsel to see if you qualify.

Gus Shihab


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