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Can you still get a green card with the new law the passed in january 2013 if you entered illegally twice .

Portland, OR |

Can you still get a green card if your married To a us citizen but you entered illegally twice. But was stoped by immigration the second time but were only 13. with the new law that passed that states that you do not have to leave the country unroll you have been aproved. I was told that if you entered twice illegally than you don't qualify for that. Is this true or not. I was 3 the first time I entered and left at 10 to Mexico and came back in when I was 13 and have been married since 2007 with a us citizen. I'm going to apply for the defered action but was wondering if I could just get the green card through my husband

I have a clean background and graduated high school and that is why I will be applying for the defered action and have gotten an attorney. I have had ny fingerprints run through the FBI and ICE and every thing came back clean. My attorney was the ones who tolde the the defered action is best for me but I wanted to have a second opinion. Just to make sure that maybe he just didn't want to go that way since the defered action Is probably faster and easier. Have been married for years and have 2 children thorugh this marriage.

Attorney Answers 3


  1. Your case is very complicated and does require a personal meeting with a very experienced attorney to review all your documents and discuss every minor detail of your prior procedural history as every nuance will affect the analysis. If you think, however, you may receive a clear understanding of your intricate immigration case in one simple paragraph, you are deluding yourself.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  2. If you entered without inspection, then you will not qualify to adjust your status and get a green card in the United States. You will have to leave the United States and as soon as you do, you will trigger unlawful presence bars. If you entered more than once without inspection after April 1, 1997 (even as a minor) you will be subject to a ten-year-bar without a waiver, and the new provisional waiver will not apply to you. The new provisional waiver only applies to aliens who are subject to the ten-year-bar with a waiver.

    Deferred Action will most certainly be the better option for you at the moment. Deferred action allows you to obtain a work authorization without leaving the United States and many of the usual grounds of inadmissibility are waived. In the meantime, the immigration laws may change, and you may benefit from those changes.

    The above answer is provided for informational purposes only. One should not act or refrain to act solely based on the information provided. A personal consultation is needed to give a complete answer to any question. No attorney-client relationship is created unless an agreement is signed by the attorney and the client.


  3. There is no new law that passed in January ... merely a new way of processing waiver applications, under a very old law.

    It appears that your lawyer is doing the right thing and you probably don't need to second-guess him/her.

    If you are really uncomfortable with the level of professional assistance you are getting, pay an attorney for a second opinion ... this is too complicated for an internet blog.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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