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Do i have to leave US and go to my country to get a waiver?

Seattle, WA |

my wife(us born citizen) is trying to file an i-130 and an i-485 for me, i came to the us 5 years ago, my i-94 is expired so my visa b2, we been married for almost a year, and we have a son together

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Posted

If you entered lawfully, and you are applying to adjust status as the spouse of a citizen, you do not need to leave the U.S. Unless you previously left the U.S. after 6 months or longer unlawful presence, you are not subject to the bar. The bar kicks in when you leave. If you are not subject to the bar, you don't need a waiver. If you leave, you will have a problem. Note, depending on the history, you may be subject to other bars. I urge you to make an appointment to have the entire history properly reviewed.

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

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Posted

Because you entered the country lawfully and you are married to a U.S. citizen, you are eligible for adjustment of status, which means you do not have to leave the country for your immigration interview.

Whether you need a waiver for things other than living here illegally is impossible to say without more information. A full office consultation with an immigration attorney will help you know whether you need a waiver of inadmissibility.

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Posted

Yes. You do.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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