Illegal presence applying for I485 HELP!!

[angelbaby]

Last year I tried to come back to the US from Canada when I was pulled aside at the airport and told that I needed to withdraw my entry because the immigration official said that he believed I was living in the US illegally. At this time I was ALREADY married to a US born citizen. I did not try to enter again until 6 months later which is what I believed was the minimum amount of time before I can try to re enter. Well I went to a small car border crossing and while the official saw my passport and my cousins who I was travelling with, I dont believe he swiped them. I dont know if he didnt have the equipment or maybe the equipment was not working...but now I am ready to apply for my I130 and I485 to adjust my status and I discovered that because that iimigration official did not swipe my passport I am considered to be here under illegal presence and can not apply for adjustment. Im scared to death that if I apply I will be deported and not only separated from my husband but from my only brother and his family who lives in the US legally as well. Someone please give me advice. I heard that maybe an affidavit explaing how I go in would suffice but Im not sure...HELP PLEASE!

[freecontributor]

Last year I tried to come back to the US from Canada when I was pulled aside at the airport and told that I needed to withdraw my entry because the immigration official said that he believed I was living in the US illegally. At this time I was ALREADY married to a US born citizen. I did not try to enter again until 6 months later which is what I believed was the minimum amount of time before I can try to re enter. Well I went to a small car border crossing and while the official saw my passport and my cousins who I was travelling with, I dont believe he swiped them. I dont know if he didnt have the equipment or maybe the equipment was not working...but now I am ready to apply for my I130 and I485 to adjust my status and I discovered that because that iimigration official did not swipe my passport I am considered to be here under illegal presence and can not apply for adjustment. Im scared to death that if I apply I will be deported and not only separated from my husband but from my only brother and his family who lives in the US legally as well. Someone please give me advice. I heard that maybe an affidavit explaing how I go in would suffice but Im not sure...HELP PLEASE!

Yes you can adjust but , Angelbaby, you definitely need a lawyer! Good luck.

[daru786]

Last year I tried to come back to the US from Canada when I was pulled aside at the airport and told that I needed to withdraw my entry because the immigration official said that he believed I was living in the US illegally. At this time I was ALREADY married to a US born citizen. I did not try to enter again until 6 months later which is what I believed was the minimum amount of time before I can try to re enter. Well I went to a small car border crossing and while the official saw my passport and my cousins who I was travelling with, I dont believe he swiped them. I dont know if he didnt have the equipment or maybe the equipment was not working...but now I am ready to apply for my I130 and I485 to adjust my status and I discovered that because that iimigration official did not swipe my passport I am considered to be here under illegal presence and can not apply for adjustment. Im scared to death that if I apply I will be deported and not only separated from my husband but from my only brother and his family who lives in the US legally as well. Someone please give me advice. I heard that maybe an affidavit explaing how I go in would suffice but Im not sure...HELP PLEASE!

You may not need a lawyer but definitely you use a free consultation.

[nichole]

You are supposed to live in Canada when your husband files the I-130. So go home and do it the legal way by getting a CR1 visa. The people who file I-130 and I-485 together are here legally on a student or work visa, for example. You will have no problems if you just go back to Canada and do the steps for the CR1. You may visit while you're waiting if the border will let you cross. They have to trust that you will go home after a short tourist visit.

[aamg37]

I’m not a lawyer and if I were you - i would be talking to one. However it doesn’t really matter what your status is and how you came in into this country. Of course you will go into a already difficult process with some extras red flags. However, if you are in fact legally married to a US citizen and you have already submitted your case using the i485, I strongly doubt that your case could be denied without you been called for an interview. There are many people who have crossed the border illegally who are 100% legit now. If you have already applied and you already got a case number most likely starting with msc no even the police can’t kick you out of this country without a formal letter from the immigration department requesting you first to leave by your own choice and even for that you will have 60 days where most people will re-apply or take to court. As while you are in process there is nothing else to do, but to wait and your status at this point is defined by that case. If you were applying for an adjustment of status throughout a visa and you lost status or came in “by mistake” of an officer that will be a whole different story and for that you would have to leave the country for sure. But as I understand you are married to a US citizen, just apply if you have not done so or just continue waiting if have already applied…