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I am , 56 oversold man living in USA with a American citizen woman from last 30 yrs i came to this country without visa ,

Winter Garden, FL |

i have no criminal record or any illegal activities now i want to gate adjustment of status what can i do ? i want to marry my common law wife and visit my country and want to com back to my adopted country , please give me sum sound advise . thank - u

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Attorney answers 3


You should meet with an attorney to see whether you are 245i eligible or are a likely candidate for a 601a waiver

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


I agree with my colleague. The new I-601A waiver (not available yet) may be a possible appropriate option but you should consult an AILA immigration attorney . Note that the new I-601A provisional waiver will require you to prove extreme hardship to your spouse and also require that you depart the US and complete the process at a consulate outside the country. Since you have no criminal record/activities explore your options which may include the I-601A - you definitely need an attorney to assist you.

No attorney-client relationship is created or implied by this communication in any way. Consult a competent immigration attorney preferably one who is a member of the American Immigration Lawyers Association (AILA).


you may have several options available for proceeding to permanent resident status. One of course, is to lawfully marry your United States citizen who you have been in a marital relationship for so many years. Using the new process which is available starting March 4th , you may file for a waiver while remaining in United States for the decision on the waiver. Assuming the decision is favorable you will receive a provisional approval and then may proceed outside the United States to obtain the resident status.

You may have other options, but to explore them. you should set up a consultation with an immigration attorney.

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