Im 23(Mexican) married to a US Citizen(22) we have a 2 year old boy. Would i have to return to Mexico to complete the process???

Asked almost 2 years ago - Long Beach, CA

i came to the US 6 months old illegally with my parents for medican reasons and had therapy till age 7. I never left the US. I graduated High School 2007 with honors and went to community college for a little over a year. Im now 23 married to a US Citizen(22) and have a 2 year old boy. We have our own apartment and dont recieve Welfare. What can i do to avoid returning to Mexico to complete the process? What are my chances of getting a green card? How can i prepare myself? I have medical records. We have pictures dated from 2007 and pictures with our son as well as pictures of our yearly family reunion.

Attorney answers (5)

  1. Philip Alan Eichorn

    Contributor Level 19


    Lawyers agree

    Answered . Your case sounds like a perfect fit for the new provisional unlawful presence waiver on Form I-601A as well as a deferred action for childhood arrivals. Please retain counsel asap and get started. It is very possible that you can have status at some point in the near future.

  2. Kristina A. Gasson

    Contributor Level 12


    Lawyers agree

    Answered . Along with the provisional waiver of unlawful presence that my colleagues are talking about, it sounds like you could also benefit from Deferred Action (DACA). If you qualify for DACA, you will get relief from deportation and a work permit.

    With the provisional waiver, you can file your I-130 and I-601A waiver in the US and receive an answer before you go back to Mexico to interview for your green card.

    I definitely recommend consulting with an immigration attorney who can advise you as to the best course of action. - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement... more
  3. Sanjay Augustine Paul

    Contributor Level 10

    Answered . Apply for the Deferred Action program now. Compared to the provisional waiver, it's a lot faster, a heck of a lot cheaper and a much easier burden to satisfy. Keep in mind Deferred Action will not give you a green card or pathway to citizenship, but it does grant you a work permit, social security card and driver's license in about 3-6 months. Then you can take your time fleshing out the details and the procedure for a provisional waiver, if the facts of your case warrant it.

    Best of luck,

    Sanjay Paul, Esq.
    (888) 373-2602

    This is not legal advice. No attorney client relationship exists between us.
  4. Thomas Esparza Jr.


    Contributor Level 19


    Lawyer agrees

    Answered . yes, you would but you could possibly only have to stay for three weeks or so. you might qualify for the conditional waiver. look up rosemary esparza for the best in advice on the west coast

    The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A... more
  5. Theodore S. Huang

    Contributor Level 13

    Answered . The new provisional waiver is an option. To qualify, you'd have to have an approved I-130. You may also be eligible for DACA. Talk to an immigration attorney for help and immediate assistance.

    (626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client... more

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