Illegal immigrant new law march 4th

Asked over 1 year ago - Chicago, IL

In an illegal immigrant who crossed the border for 15 years ago . . . . if I marry my us citizen girlfriend do I have to go back home to get the visa or can I apply from here . . . . how is the new law working ?

Attorney answers (5)

  1. Stephen D. Berman

    Contributor Level 20

    4

    Lawyers agree

    Answered . The application was and is filed in the U.S. You will still have to leave the US to get a visa. You may file a waiver before you leave the US.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  2. Irene Vaisman

    Contributor Level 20

    5

    Lawyers agree

    Answered . you apply for the waiver here, if the waiver is approved, you will have to go back home for the consular interview. You and your fiancee should consult with an experienced immigration attorney as this issue is complex and you need to truly understand the whole process

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

    Contributor Level 18

    5

    Lawyers agree

    Answered . For the new Provisional Waiver, you first need to have get married, and have your spouse petition for you. Once you have your petition approved, you will then may be eligible to apply for this waiver while in the United States. After you obtain a decision, and provided the waiver is granted, you will then be required to attend the interview at the embassy in your home country. Please note that this provisional waiver is for unlawful presence only and not any other inadmissibility issue, such as a criminal conviction. It is best that you hire an experienced immigration lawyer to assist you with the process.

    Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact... more
  4. Laura Justine Jacobson

    Contributor Level 13

    4

    Lawyers agree

    Answered . You will still have to go home to get the visa. On March 4, USCIS started a new provisional waiver rule. People who entered without inspection and have been unlawfully generally have to apply for a waiver if they want to get their permanent residence. In the past, you couldn't apply for this waiver until you had already left the country and had your interview at the consulate, which meant you'd have to spend several months in your country waiting for the response. The new rule allows you to apply for the waiver before you leave. You still have to leave, but the idea is that if they approve your waiver, you shouldn't have to spend too much time outside of the U.S.

    For more information, you can read my Legal Guide on the new provisional waiver rule.

    The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney... more
  5. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Under the new provisional waiver program, you do not have to leave the country for as long in most cases. And you have an initial decision before you go. For more info on I-601 and provisional waivers, visit: www.swagatusa.com/educational-materials

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com/attorney

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,985 answers this week

3,199 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,985 answers this week

3,199 attorneys answering