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i am an illigal alien and married to a U.S Army soldier.hes deploying and i need help with my immigration status.
Seattle, WA
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Posted 5 months ago in Immigration
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i just got married in may and i entered the united states illegaly,he is deloying in a few days and i wanted to know what to do in my situation.i have read that bieng eloped to him that some things are waived i just cant get a forward answer.do i still haveto go back to my country or is there a way to stay here and apply?
Answers (1)Maria Fuster Glinsmann
This attorney is licensed in Dist. of Columbia and 1 other state.
Posted 5 months ago.
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Unfortunately, even for spouses of US citizens, an entry without inspection (EWI) can not be waived or forgiven in an Adjustment of Status application. If you haven't been in the US for over 180 days since your EWI entry you should consider departing and having your husband file for you to pick up your immigrant visa at your home consulate. Because the consequences of remaining in the US for over 180 days/over 1 year are so great (3 year bar or 10 year bar to reentry measured from the date of departure), you need to consult with a competent immigration attorney to make sure that departure makes sense in your case. If you are alread subject to the 3/10 year bar, then you'll need to show that denial of your residence will result in "extreme hardship" to your US citizen spouse. That can be a pretty high burden of proof and I'm concerned that because you are only recently married, it may be difficult to prove. Nonetheless, definitely seek competent counsel practicing in the area of immigration law exclusively for this type of advice.
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