Q: What are my options right now?
At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of citizenchip through marriage but it all seems to have to take place with me leaving the country, I have not known anywhere else but here and would like to not have to leave in fear of not being able to return. No one in my family is able to refer me as they are either too young or illegal as well. I just would like to know if I have any options or if there is any advice I can get as my fiance and I do not have the resources yet to be able to afford legal services right now and I would like to continue to reside in this country without fear of being torn away from my family.
A: If you ever applied for and obtained DACA, then you might be able to request a travel authorization so you can depart the country and safely return with a legal entry. If you never obtained DACA or any other status, and you entered without inspection (no visa), then your husband will need to file a petition for you, and then you will need to apply for a waiver for unlawful presence in the U.S. This is a very difficult process and will require you to retain legal counsel. Upon approval of the provisional waiver, you will be able to return to the U.S. Consult with an attorney as soon as possible. Good luck!
A: If your husband is a US citizen, he can file an immigrant petition for you. If you entered the US without inspection, you will need to apply for a provisional unlawful presence waiver. Work with an immigration attorney.
A:
Given your situation, there are a few potential pathways to explore, but each has its own complexities and requirements. Since you were brought to the U.S. as a baby and have lived here continuously, one option to consider is the Deferred Action for Childhood Arrivals (DACA) program, if you meet its criteria. This program provides temporary protection from deportation and work authorization, although it does not lead directly to citizenship.
Marriage to a U.S. citizen can provide a path to legal status, but as you noted, this often involves consular processing, which requires leaving the country and applying for a visa from abroad. However, in certain circumstances, an individual might be eligible for Adjustment of Status without having to leave the U.S. This process is complex and typically requires proving that you entered the U.S. legally or are protected under certain provisions of the Immigration and Nationality Act.
Since you are expecting a child and have limited resources, you might also explore community organizations or legal aid societies that offer immigration services at reduced costs or even pro bono (free of charge). These organizations can provide guidance tailored to your specific circumstances.
It's crucial to gather and organize all relevant documentation, such as proof of your continuous residence in the U.S. and any records of your entry into the country. This information will be vital in determining the most appropriate course of action.
Finally, be cautious about any actions you take and avoid making decisions based on general advice. Each immigration case is unique, and what works for one person may not be suitable for another. When possible, seek a consultation with an immigration attorney or accredited representative who can provide advice based on the specifics of your case. Remember, your status is a sensitive matter, and it's important to handle it with careful consideration and proper legal guidance.
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A: You can apply to adjust status to obtain a green card if your husband is a US Citizen provided you entered the US legally. If you entered without inspection you can still adjust status but you would need to file a 601 waiver.
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