Do I have to leave the country??

[Janeth213 1]

Here is my question- I enter the U.S when I was 13 illegally and my mom tried to get me a work permit under her asylum but couldn't finish the process cause she passed away during it. I now I'm married to a green card holder and we have been married for almost 7 years now and have two kids. He petition me to get my residents card and my I-130 was approved so my case is not at NVC, I have heard from people that by law I'm going to have to leave the country because I enter illegally is this true?? Like I said I have two little kids and wouldn't like to take them back to my country anyone HELP on this subject..Pleaseeee

[canadian_wife 1,824]

Your illegal presence will require a waiver, you certainly need a lawyer

Policies recently changed, but I am only aware of the polices for citizens, I dont' know how it will affect you that you married a PR.

Good luck

[Penguin_ie 5,995]

*** Moving from NVC to AOS from Tourist etc visa. While OP has no status to adjust from, it seems the best forum to get answers in ****

OP:

1. Are you sure you entered illegally and not with, say,a tourist via and overstayed? it makes a big difference.

2. Where in the process was your mom when she died?

3. When can your spouse become a US citizen?

[Sandra G. 5,054]

Yes you must leave the country and apply for a waiver.The waiver will take 4 to 5 months To be adjudicated and once approved you will be able to return. DO NOT GO to the AOS interview they will arrest you right there.I was called several times in cases like yours after the arrest and i wasn't able to help that much besides asking the judge to set up a bond and allow voluntary departure.There is a new waiver called provisional waiver but is not effect yet and with the new waiver you will be able to wait inside the USA the decision but you must leave the Country to attend the interview in your home after the approval,but at least you will leave knowing your waiver is approved .We are still waiting to be published the new waiver provisional. If your case was approved now you can wait 2 or 3months to see if they publish or not but if they do not publish the new waiver in 2 or 3months i advise you to leave and apply in your Country.

[NigeriaorBust 4,087]

If your spouse is only a green card holder there is a several year wait until the interview. When was your I130 approved and when was it submitted ?

[Sandra G. 5,054]

I have to correct myself here. I didnt notice your husband is a green card holder.The provisional waiver will be available just to US Citizen spouses.

[hmh33 117]

Get a good lawyer.

[Janeth213 1]

*** Moving from NVC to AOS from Tourist etc visa. While OP has no status to adjust from, it seems the best forum to get answers in ****

OP:

1. Are you sure you entered illegally and not with, say,a tourist via and overstayed? it makes a big difference.

2. Where in the process was your mom when she died?

3. When can your spouse become a US citizen?

[Janeth213 1]

I'm sure I enter the country illegally. When my mom died I had just received a letter from uscis with my receipt number they were asking for my fingerprints and pictures, I did all that, but I never received anything back from them so with my receipt # tried to get info but they said they close my case because my mom was not able to sign the papers that needed to be sign so they had to close my case.. An my husband can already become a citizen but he hasn't been able to get a couple papers from his parents to get his application going..

[Janeth213 1]

If your spouse is only a green card holder there is a several year wait until the interview. When was your I130 approved and when was it submitted ?

[Janeth213 1]

I file for the I-130 in February 2011, Uscis received it on June 13 2011 so my priority date is June 13 2011 it was then approved on march 29 2012 and on that same month received a letter from NVC. Then on September received another letter from NVC with a 88 dollar fee for fingerprints.

*** Moving from NVC to AOS from Tourist etc visa. While OP has no status to adjust from, it seems the best forum to get answers in ****

OP:

1. Are you sure you entered illegally and not with, say,a tourist via and overstayed? it makes a big difference.

2. Where in the process was your mom when she died?

3. When can your spouse become a US citizen?

[Nola504 2]

I don't know much about immigration law but would you be eligible for the DREAM act that was recently passed for people who came here illegally as children?

[Darnell 8,478]

I file for the I-130 in February 2011, Uscis received it on June 13 2011 so my priority date is June 13 2011 it was then approved on march 29 2012 and on that same month received a letter from NVC. Then on September received another letter from NVC with a 88 dollar fee for fingerprints.

NVC is setting up to do document intake for Consular Processing, not any 'adjustment of status' at all.

[Janeth213 1]

Yes I do qualify for the defferd action, but they say that it doesn't help because it doesn't make me legal the only thing that it does is that allows me to work, that's it..

[GreenTrain 1]

Yes I do qualify for the defferd action, but they say that it doesn't help because it doesn't make me legal the only thing that it does is that allows me to work, that's it..

Go first deffered action, get yourself valid status and then apply for AOS based on your marriage(if your spouse is USC)...

Thats my intention to help you but i guess you might need attorney for precise advise.