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I filed an I-130 classification 201 B INA Spouse of USC. Status is on Post Decision Activity Whats next? I Entered US Illegally

Garden Grove, CA |

Entered US when i was 10 yrs old, now im 23. My wife is a US Citizen we got married in 2011 i applied on December got my receipt letter on Dec 28, now my case status is on Post Decision Activity. We also have a son. My record is clean what are the chances of me getting my green card without leaving the country now that the Provisional Unlawful Presence Waiver is about to come in effect?

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There is no law re: provisional unlawful presence waiver, and nobody knows for sure if it will be passed. You would need a waiver for your unlawful presence since turning 18, if no petition was filed for you prior to April 30, 2001, and would have to leave the country to consular process in.

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The provisional waiver of unlawful presence is NOT YET in effect. When it comes into effect, the law still requires you to exit and apply for the immigrat visa at a U.S. Consulate abroad to make the provisional waiver effective (that's what the advance notice regarding provisional waiver provides).

The only way you could apply for the green card within the U.S., after having entered illegally, is eligibility under Section 245(i) of the Immigrtion and Nationality Act.

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If you entered the U.S. without the inspection, i.e. crossed by foot, than you have to wait for an immigration reform in order to proceed with the adjustment of status, unless you have some other application filed on your behalf on or before April 30, 2001. Consult an experienced immigration attorney to determine your eligibility for adjustment of status.

Contact Shokry G. Abdelsayed, Esq. at 201-471-7989. Answers on AVVO do not constitute legal advice and do not form an attorney-client relationship. Always consult an attorney for a legal advice.

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Per USCIS guidelines, the proposed process (that is, the Provisional Unlawful Presence Waiver) is not in effect.

Suggestion: an inquiry should be made on your eligibility for Section 245(i). If you are, you may be eligible for a green card based on marriage to a United States citizen even though you entered the U.S. without inspection. In order to qualify for Section 245(i), you have to show that either you or your parents are beneficiaries of approvable petitions filed between January 15, 1998 and April 30, 2001. If you think you are, I suggest that you make an inquiry on your immigration file by way of the Freedom of Information Action (FOIA).

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