NEED HELP

[Hatianleo 0]

Hello everybody, i am new to here, thought i tried it out. Ok, first of all, i have been here for about 15 years and when i first entered the U.S i was in the care of my brother and i was young so i did not know anything about Immigration and whatnot. Now i am 27, I have a felony charge that shouldn't be there and since im from HAITI i tried to get under the TPS status and got denied because of the felony. Now i tried to get an expungement and got denied and cant get it until 2022. I have been seeing this nice young lady, we planned on a wedding, what if we speed up the date, can i get at least a residency under her. She is a citizen. Or is there anything else i can do??? Thank you for reading

[Boiler 45,948]

Go home?

[spn1025 38]

With a felony you wont get anywhere without a lawyer. But seeing where you're here iillegally, my best advice is to go back to Haiti. You can't even apply for Deferred Action with a felony. Getting married for the sole purpose of being able to stay here is immigration fraud. Go back to your country, hire a lawyer, and try to come here in a legal manner.

[Bumbero 130]

With a felony you wont get anywhere without a lawyer. But seeing where you're here iillegally, my best advice is to go back to Haiti. You can't even apply for Deferred Action with a felony. Getting married for the sole purpose of being able to stay here is immigration fraud. Go back to your country, hire a lawyer, and try to come here in a legal manner.

Consult a lawyer and expect to pay a lot of money with a good possibility of being denied in the end.

[Hatianleo 0]

With a felony you wont get anywhere without a lawyer. But seeing where you're here iillegally, my best advice is to go back to Haiti. You can't even apply for Deferred Action with a felony. Getting married for the sole purpose of being able to stay here is immigration fraud. Go back to your country, hire a lawyer, and try to come here in a legal manner.

[/quote

i came on a visa and they are aware that i am here with no documents and yet no deportation letters or nothng, they just said that i need to take care of that felony charge. so even with a marriage they will sill deny me?

[Kathryn41 3,205]

i came on a visa and they are aware that i am here with no documents and yet no deportation letters or nothng, they just said that i need to take care of that felony charge. so even with a marriage they will sill deny me?

Yes, they can still deny you even if you are married to a US citizen. The 'security' and 'good character' requirements trump the marriage eligibility option. You need to address the felony charge before you can move forward. If it is not valid, as you said, then you need to find a way to clear the record and get the necessary documentation proving that. You would still have to report the charge but if you can provide appropriate evidence that the charge was in error, then that would remove the barrier you have to obtaining permanent residency. Since you did enter the US legally, you do have a status - even though it is expired - from which to adjust, so once the felony charge is out of the way, you would be allowed to apply to adjust status through marriage to a US citizen.

Good luck.

[Hatianleo 0]

Yes, they can still deny you even if you are married to a US citizen. The 'security' and 'good character' requirements trump the marriage eligibility option. You need to address the felony charge before you can move forward. If it is not valid, as you said, then you need to find a way to clear the record and get the necessary documentation proving that. You would still have to report the charge but if you can provide appropriate evidence that the charge was in error, then that would remove the barrier you have to obtaining permanent residency. Since you did enter the US legally, you do have a status - even though it is expired - from which to adjust, so once the felony charge is out of the way, you would be allowed to apply to adjust status through marriage to a US citizen.

Good luck.

That is what i was thinking, i did try to clear it out but they refused to because it is already there and on my name and the right time that i can clear it is 2022, i am fighting that right now maybe they can lower the time to at least half maybe 5 years i could deal with that. So there's no point to even getting married for that because I'll still get denied. Thanks