VISA through marriage as an Illegal Immigrant

[cluci0935]

Hi everyone! I’ve been trying to look all over the place, but never have any luck finding anything about my situation.
I have lived in the US since 7, and now I am 20, and engaged to a US citizen, marrying this October! I could not apply for DACA, as I was a year too late. I always knew there was a “punishment” for trying to apply for a green card through marriage, as an illegal us resident, but I wasn’t sure if there any others in the same situation I am right now. I have hired a lawyer, and supposedly, one of the best. Has anyone ever actually gotten a “pardon”? Are those real? I have accepted the fact that I, in fact, will have to go back to Mexico for one reason or another.

[newacct]

Did you enter the US legally or illegally?

[cluci0935]

I entered with my mom at the age of 7, but not lawfully unfortunately. Like most, we were looking for a better life.

[newacct]

Is your spouse in the US military?

[cluci0935]

Is your spouse in the US military?

she is not, although she is considering it

[newacct]

If she joins the US military, you could try to apply for Parole-in-Place (PiP), which, if they grant it, makes your case a lot easier, because parole basically counts as a legal entry, and someone who entered the US legally and is in the Immediate Relative category (as you are as a spouse of a US citizen) can do Adjustment of Status in the US without needing any waivers or anything special.

Otherwise, since you entered illegally it's tough. Someone who entered illegally is generally not eligible for Adjustment of Status, so you can only immigrate through Consular Processing abroad. That requires leaving the US, and when you leave the US you will trigger a 10-year ban, due to having accrued more than 1 year of unlawful presence before you left. You didn't accrue unlawful presence for the purposes of this ban while under 18, but it has already been more than 1 year since you turned 18. You also don't accrue unlawful presence while on DACA/TPS/etc. or if you have certain pending applications, but you didn't have any of those. An immigrant waiver for this ban is only possible if you can show that your US citizen or permanent resident spouse or parent will suffer "extreme hardship" if you can't be in the US. In your case, it would probably your US citizen spouse who you would show would suffer "extreme hardship". This "extreme hardship" is pretty hard to show and you should get someone experienced to assemble the evidence. You can apply for a provisional waiver before leaving the US, so you know the result before leaving the US, and not needing to wait a long time abroad.

So if you have to leave the US to do Consular Processing abroad, your spouse would start by filing an I-130 petition, indicating that you will do Consular Processing in Mexico (I'm assuming that that is your home country). After the I-130 is approved, and the Consular Processing case is set up and you have paid the fee, you can file I-601A provisional waiver and wait for the result in the US. If that is approved, you can then leave the US and go to the interview in Ciudad Juarez.

By the way, you only entered the US once, right?

[cluci0935]

If she joins the US military, you could try to apply for Parole-in-Place (PiP), which, if they grant it, makes your case a lot easier, because parole basically counts as a legal entry, and someone who entered the US legally and is in the Immediate Relative category (as you are as a spouse of a US citizen) can do Adjustment of Status in the US without needing any waivers or anything special.

Otherwise, since you entered illegally it's tough. Someone who entered illegally is generally not eligible for Adjustment of Status, so you can only immigrate through Consular Processing abroad. That requires leaving the US, and when you leave the US you will trigger a 10-year ban, due to having accrued more than 1 year of unlawful presence before you left. You didn't accrue unlawful presence for the purposes of this ban while under 18, but it has already been more than 1 year since you turned 18. You also don't accrue unlawful presence while on DACA/TPS/etc. or if you have certain pending applications, but you didn't have any of those. An immigrant waiver for this ban is only possible if you can show that your US citizen or permanent resident spouse or parent will suffer "extreme hardship" if you can't be in the US. In your case, it would probably your US citizen spouse who you would show would suffer "extreme hardship". This "extreme hardship" is pretty hard to show and you should get someone experienced to assemble the evidence. You can apply for a provisional waiver before leaving the US, so you know the result before leaving the US, and not needing to wait a long time abroad.

So if you have to leave the US to do Consular Processing abroad, your spouse would start by filing an I-130 petition, indicating that you will do Consular Processing in Mexico (I'm assuming that that is your home country). After the I-130 is approved, and the Consular Processing case is set up and you have paid the fee, you can file I-601A provisional waiver and wait for the result in the US. If that is approved, you can then leave the US and go to the interview in Ciudad Juarez.

By the way, you only entered the US once, right?

Yes, have never been deported or have never left. Been here for 13 years in a row.

[moshestrugano]

The good information is that, in the U.S. immigration laws, immigrants who get married U.S. citizens or permanent residents are among the groups of people allowed to apply for green cards.

[newacct]

Yes, have never been deported or have never left. Been here for 13 years in a row.

I know this is an old thread, but if you are still in the US and still married to a US citizen, then Parole-in-Place through the new Keeping Families Together program will be of interest to you. If you are granted Parole-in-Place, you will have the equivalent of a legal entry, and will be able to do Adjustment of Status within the US as the spouse of a US citizen. No leaving the US, no bans, and no waivers needed.