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How can we apply for residency for an illegal immigrant marrying US citizen without leaving the US?

Spotsylvania, VA |

Im 21 years old i came here at the age of 3 in 1994 and my question is can i apply for my residency through marriage with out having to leave the US i'm salvadorian i don't know if that makes a differences. I really would not want to leave i just got married and i have a son to raise. I dont have any legal documents as in work permit or anything. Also my mother is a US citizen she claimed me its been 3 years and i have no answer yet. Im really clueless on what i should do i would like to atleast get a work permit to drive and work.

Attorney Answers 6


  1. Your spouse may apply for you, and for that you do not have to leave the country. As for adjustment of status, you may or may not be eligible for it, but for that you must consult with an immigration attorney to determine. Also, if a provisional waiver regulations come into effect, you will be able to file for them without leaving the US, so again, it is very important that you speak to an immigration attorney about your situation.

    Contact attorney Gintare Grigaite, Esq. at 646-407-2331, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


  2. I agree with my colleague. Additionally I'd like to add that you MAY qualify for deferred action for children arrivals (DACA), and get lawful status while you sort things out with your immigrant petition. Please do yourself a favor and meet with an experienced immigration attorney.

    Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.


  3. Whether you can or cannot adjust without leaving the country will depend on how you came here. You also may be a candidate for deferred action. I highly recommend a consultation with an experienced immigration attorney to discuss all of your options at this time and the once that may become available to you (if you will need them such as the provisional waiver).

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  4. I agree with my colleagues. I think an equally important issue goes to your us citizen mom 'claiming' you. If there's a reason for you to believe that you might be a us citizen, I would focus on that first.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.


  5. You need to consult an experienced attorney to help you figure out whether you are a U.S. citizen, whether you are eligible for AoS in the U.S. through 245(i), NACARA, whether you require waivers... You are likely eligible, at a minimum for DACA. The new process for provisional waivers has not yet been implemented, but you have a LOT going on--way too much to be answered in this forum!

    This general information does not establish any attorney-client relationship. There may well be factors not mentioned in the question which could and should be addressed in an attorney consultation.


  6. What is not clear is how you came in the United States? This is important to the answer

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