Q: Can illegal immigrant applying 4 a green card thru marriage be eligible for adjustment of status if they entered illegal
Man brought here in 2003 when only 4 years old! Mom abandoned him and older sister (she is now 28) here 6 years ago. Hasn't committed any crimes. Just wants to get a green card once we get married. (I'm a US citizen born here).
A: If you came into the country without documentation you will have to consular process. That means that you will file your spousal petition I-130 then when it gets approved you make an appointment to process through the consulate, e.g. Ciudad Juarez. They will ask for a waiver of your unlawful presence and that could take 9 months to a year. To avoid that, once you have an approve family (spousal ) petition you prepare and file a 601A waiver for the unlawful presence. You will have to show hardship to a qualifying relative (your spouse). You send that off and wait for an answer and when it comes back YES/APPROVED then you make the appointment to consular process. With your waiver you will only be out of the country for a week instead of months. Just make sure there are no other impediments to your receiving lawful permanent residence.
Carl Shusterman agrees with this answer
A:
No, not unless he qualifies for adjustment of status under section 245i, INA.
The Legal Immigration Family Equity (LIFE) Act and LIFE Act Amendments of 2000 (Pub. L. 106-553 and -554) enable certain individuals who are present in the United States who would not normally qualify to apply for adjustment of status in the United States to obtain a green card (permanent residence) regardless of:
* The manner they entered the United States
* Working in the United States without authorization
* Failing to continuously maintain lawful status since entry
To qualify for this provision, you must be the beneficiary of a labor certification application (Form ETA 750) or immigrant visa petition (Forms I-130, Petition for Alien Relative or I-140, Immigrant Petition for Alien Worker) filed on or before April 30, 2001. In most cases, you must pay an additional $1,000 fee and complete Supplement A to Form I-485, Application to Register Permanent Residence or Adjust Status, to apply under Section 245(i) provisions with your adjustment of status application (Form I-485).
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