Can an undocumented person start marital based immigration process without living the country ?

Asked about 1 year ago - Anaheim, CA

.. that's in case the person enter legally to the state (visa) liked the US and
keep staying here (over 12 years .. thanks

Attorney answers (6)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . If you entered the US unlawfully, you will have to return to your country to apply for permanent residence after obtaining an extreme hardship waiver in the US.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Geoffrey Alan Hoffman

    Contributor Level 16

    5

    Lawyers agree

    1

    Answered . Not sure your question is asked clearly. If you're asking can someone outside the U.S. apply to enter lawfully through a valid marriage based petition, then yes there is a process depending on the facts and prior immigration history and you should seek legal counsel and ask about consular processing options. If you're asking can someone inside the U.S. who is currently undocumented adjust their status then this is a much more difficult issue. It will depend on very specific facts and circumstances particular to your case- be sure to get excellent advice from a competent immigration attorney.

    No attorney-client relationship is created or implied by this communication. To contact this attorney see his... more
  3. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . Hire an immigration attorney. AVVO is not the answer to your prayers.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  4. Jeff L. Khurgel

    Pro

    Contributor Level 19

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    Best Answer
    chosen by asker

    Answered . Yes--a person that entered the U.S. with a valid visa and overstayed can generally adjust status in the U.S. on the basis of a petition from a citizen spouse. This is assuming no other ineligibility grounds such as crimes or misrepresentation apply in the case. Your best bet would be to sit down for a discussion with an attorney in your area to go over eligibility in detail. Best of luck.

    Jeff Khurgel, Esq.
    Orange County Office: (949) 509-6515
    www.khurgel.com
    info@khurgel.com

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-... more
  5. John K Lassen

    Contributor Level 20

    2

    Lawyers agree

    Answered . Need a good immigration lawyer for this one!

    www.Low-Fee-Immigration-Lawyer.com

    John Lassen 1-877-252-4630
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Best to get an immigration lawyer

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