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
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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