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
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.
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.
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.
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