Have no idea where to start

[mayrads 1]

Ok, so I was brought to the US illegally as a child. I'm almost 20, I have a USC fiancé. We plan to marry but I don't know anything about immigration procedures. Can he try and sponsor me while I'm in the country? Or will I have to leave the country for a while? What forms should I/we file? Where to start?!?!? Lol thanks (:

[canadian_wife 1,829]

You will have to leave the country. He will file for a fiance visa (or you can marry and file for a spousal visa)

The visa will be denied at the interview because of the excessive unlawful presence in the US (more than 1 year after the age of 18)

So...The US citizen will then file a waiver stating that he will incur extreme hardship if you are not brought back to the US and how he cannot live in your country

If successful, you may return to the US.

http://www.visajourney.com/content/compare

Look at the link to see what visa is best for you. Because you were brought here as a child, that makes your case slightly easier (slightly...not much). Because you have been here so long there is no point in departing before the interview...unless you get caught and deported which will excessively complicate your case

Try immigrate2us.net for a site which specializes in your type of situation and try scottimmigration.net who offers free chats on Wednesdays to answer your more complicated questions. Do not attempt the waiver process alone, it is an extensive process

Good luck

[Brother Hesekiel 2,236]

The process of becoming legal while in the US is called Adjustment of Status (AOS). However, it only works for people who have a status or had a status. If you entered the US without permission, without a visa, by "sneaking" in, then you do not have a status to adjust from. In order to gain legal status, you will have to apply for an immigrant visa from outside the US, based on being the "immediate relative" of a US citizen.

The US government recognizes that children have no say in where parents take them, which is why unlawful presence in the US is not recorded until the child becomes an adult, which is at age 18. At that point Uncle Sam expects the illegal immigrant to leave the US. If this happens within the 180 days of the 18th birthday, nothing bad happens. From 180 days to 1 year, a 3-year bar is triggered; after 1 year of unlawful presence, the 3-year bar becomes a 10-year bar. This bar can be overcome with an I-601 waiver, but it's not do-it-yourself territory.

Immigrate2us.net is the place you need to join. Laurel Scott, the arguably best waiver attorney in the US, has a free weekly chat there. Read as much as you can and take it from there. The only other option you have is to wait for some kind of amnesty as part of comprehensive immigration reform. If and when that will come is anybody's guess, however.

[mayrads 1]

Thanks for the replys, I'll join the suggested websites. I know I'm not in the best position but it is what it is.

Since im subject to return to my country......

Do you guys think it would be better for me to marry him and leave, so he can file the spouse visa?

Or leave and then have him file a fiance visa?

[canadian_wife 1,829]

It doesn't matter, they will be treated the same way

Good luck

[mayrads 1]

Oh okay. Well thanks for the very helpful information and suggestions, God bless.

[LIFE'SJOURNEY 970]

The spouse visa gives more weight for a hardship wavier than a fiance visa. Some consulars will not allow you to file a hardship wavier on a fiance visa.

[VanessaTony 3,567]

Ok, so I was brought to the US illegally as a child. I'm almost 20, I have a USC fiancé. We plan to marry but I don't know anything about immigration procedures. Can he try and sponsor me while I'm in the country? Or will I have to leave the country for a while? What forms should I/we file? Where to start?!?!? Lol thanks (:

When you say "brought here illegally" exactly how? Did they falsely claim you were a citizen? Did you jump the river? Did you come on a fake visa? Did you come on fake documents of any kind? Did you come on a visa but just overstay? All that affects the answer.

**Edit - assuming it was nothing particularly bad bear in mind when you leave you will have a ban, and this ban will mean you'll need a waiver and you're looking at around a year or more until you're back in the US.

Edited May 11, 2011 by Vanessa&Tony