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

Asked over 2 years ago - 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?

Attorney answers (4)

  1. Arie Ebrahimian

    Contributor Level 12

    Answered . 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).

    NO ATTORNEY-CLIENT RELATIONSHIP: This e-mail does not create and is not intended to create an attorney-client relationship between you and Attorney Arie Ebrahimian. Any and all communications between us are undertaken in an effort to evaluate potential claims and determine whether Attorney Arie Ebrahimian is interested in representing you. An attorney-client relationship is created only after a written engagement agreement is signed by both you and Attorney Arie Ebrahimian.

    DISCLAIMER: The information provided in this email is intended for informational purposes only. This email does not necessarily reflect current legal or factual developments and is general in nature. Nothing set forth in this email should be construed as providing legal advice regarding an individual situation. Furthermore, the information provided in this email is provided “as is” without any warranty of any kind, either express or implied. Attorney Arie Ebrahimian makes no warranty, express or implied, about the correctness, accuracy or reliability of the information set forth in this email. The information provided in this email should not be construed as legal advice and does not constitute an engagement of legal services with Attorney Arie Ebrahimian or establish an attorney-client relationship absent a written agreement for legal services. Thank you.

  2. Elizabeth Clare Surin

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . 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.

    An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended... more
  3. Mary Carmen Remigio Madrid-Crost

    Pro

    Contributor Level 18

    Answered . 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.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street,... more
  4. Shokry G Abdelsayed

    Contributor Level 11

    Answered . 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... more

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