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Hi there my name is Henry, my question is What do I need to do or what is the advise you can give me here's the situation:

Oakland, CA |

I crossed the border illegally in 2006 I was 21 years old I haven't have any legal issues before I married a US Citizen 3 and 1/2 years ago I now want to file for Green Card or something in order to work & travel legally since I am going to be a father in early 2013. I think is time for me to do this so that I can provide better for my son and my wife. why not take action if I have the opportunity and I don't have to face deportation in the future. I want to know what my chances are what options do I have? to all lawyers out there THANK YOU

oh "we" even bought a house but I could't file as owner because of my undocumented illegal status I don't even have an ITIN number so because all this I have decided that is time for me to seek RESIDENCY OR ANY LEGAL STATUS

Attorney Answers 4


  1. Meet with an attorney. Your wife can petition for you and file a waiver on your behalf but you should do this with the help of an attorney.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  2. Hello Henry,

    Briefly, your US citizen spouse will need to petition for you first. That is the first step in the process. The second step would be to file a waiver for you due to your illegal entry in to the country. The waiver part can take a significant time to do, and it needs to be done right, making sure that you submit all the right documents to the government so you meet current immigration standards for getting the approval. With that said the new provisional waiver law will allow you to stay in the country while you wait for your waiver to get approved. After it is approved, you will still have to leave the country but you will not have to wait as long since you already got your waiver approved in the US. This is putting it simply, and may vary depending on other facts in your case I may not be aware of. Thus, I strongly suggest you retain a lawyer before taking this on, good luck.

    LORIC, Immigration Solutions Rodrigo Ivan Canido Managing Attorney 3333 Bowers Ave, Suite 130 Santa Clara, CA 95054 Tel: 650-279-5933 Email: rcanido@loric.net.in Website: www.loric.net.in


  3. Step 1. Your spouse petitions you.
    Step 2. You file for a provisional waiver AFTER the petition is approved.
    Step 3. You travel to your country for the interview after the provisional waiver is approved.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. Henry, As my colleagues stated, there is definitely hope and you can get your legal status. It will just take some time and you will have to travel out of the US and return to complete the process. With the new Waiver laws, you can remain in the US while your Waiver application is being reviewed and processed so you won't need to leave the US for a long time. You should have a lawyer file the paperwork for you and follow through all the way to make sure they are done properly. Good Luck.

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