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what should be my first step?


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#1 karla87

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Posted 14 January 2013 - 01:42 AM

I've lived here all my life my parents brought me at a very young age. Started school since the first grade and graduated high school. I've never been out of the us since then. I married an american citizen 5 years ago and have to daughters together. Im 25 yrs old. Is there a way i can start a process on becoming legal? Can i do through my husband? Will i have to go back to mexico? What should be my first step?

#2 SinCityMozart

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Posted 14 January 2013 - 09:05 AM

Have you applied for the Deferred Action for Childhood Arrivals program? You can apply if:[list=1]
[list=1]
[*]Were under the age of 31 as of June 15, 2012;
[*]Came to the United States before reaching your 16th birthday;
[*]Have continuously resided in the United States since June 15, 2007, up to the present time;
[*]Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
[*]Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
[*]Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
[*]Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
[/list]
Note that if you are approved for DACA you will not obtain any immigration status at all - however, you can apply for employment authorization.

Unfortunately, so far the law has absolutely no remedies for someone who entered the U.S. without inspection - regardless of the age of entry. Even by marrying a U.S. citizen, you are not allowed to adjust status while remaining in the U.S.

The other option would be to request a waiver of inadmissibility (since entry without inspection is a bar to admission), but that may be a very difficult waiver to obtain and you do have to submit substantial evidence. Even if the waiver were to be approved (and, since you mention Mexico, that may be almost impossible to do), you may have to apply abroad.

Although DACA does not give you any legal status, it will at least give you the ability to work legally for as long as the employment authorization is valid.

Otherwise, Congress is your only option and, to be frank, I'm not so sure comprehensive immigration reform will be achievable.

As always, I suggest that you find a good and reputable immigration attorney for advice. Please be aware that there are many attorneys who claim immigration as one of their practice areas, but may not necessarily possess the knowledge or skill.
Corporate immigration professional, immigrant, law and college basketball aficionada. Go Duke!

Disclaimer:

I am not an attorney. Always consult with a qualified attorney for advice specific to your case and circumstances.

#3 FindLaw_Amir

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Posted 14 January 2013 - 11:52 AM

Did your parents legal status change before you graduated H.S.? Also, as the previous poster stated, this is a matter you may want to discuss with a local Immigration Lawyer to advise you of your options. I also suggest you visit the Immigration Law Center and read Helping a Family Member Get Legal Status.
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#4 SNJafriEsq

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Posted 20 January 2013 - 08:58 AM

I've lived here all my life my parents brought me at a very young age. Started school since the first grade and graduated high school. I've never been out of the us since then. I married an american citizen 5 years ago and have to daughters together. Im 25 yrs old. Is there a way i can start a process on becoming legal? Can i do through my husband? Will i have to go back to mexico? What should be my first step?


You should consult an immigration attorney to evaluate your situation in detail. Depending on the facts of your case, you may be eligible for adjustment of status if you entered lawfully but fell out of status, or may be able to take advantage of the new law concerning stateside waivers for unlawful presence if you entered without inspection, but would still have to return abroad to complete the sponsorship. Deferred action is another option, but you would need to be evaluated to see if you are eligible, and then to see whether it is even a good idea in your case considering it does not grant you lawful status but does allow you to work legally. Best of luck!




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