HI I HAVE BEEN LIVING IN UNITED STATES FOR LAST TWO YEARS I HAVE FOUR YEARS CANADIAN STUDENT VISA BUT MY ENTRY IN UNITES STATES IS ILLEGAL.
BUT IN NOVEMBER I FOUND THE LOVE OF MY LIFE AND WE GOT MARRIED.
SHE MOVED FROM CALIFORNIA TO NEW YORK AND FOR LAST SIX MONTHS WE HAVE BEEN LIVING TOGETHER.
AM I ELIGIBLE TO APPLY FOR ADJUSTMNET OF STATUS.
MY WIFE IS BORN UNITED STATES CITIZEN SHE IS MIX WITH GERMAN AND MEXICAN.
WHAT ARE MY CHANCES.?
THANKS

If you entered the US without being inspected by an officer at the border, there is nothing you can do.

If you overstayed your visa, then you can adjust your status.

The previous reply is incorrect. YOu can adjust status as long as that special provision for illegal residents stays in affect. I can't remember waht it is called. There is a $1000 fine in addition to the normal costs for adusting status. Go to the INS website for more info. www.ins.gov

Sorry, but I have been reading other forums. I didnt realize that 245(i), the provision for adjusting illegal status, had expired. In that case, Marie is right. Also, the user name I used last time was already in use. I am appending a 2. You should consult a lawyer, but it sounds like your only option is to go back to your home country and apply from there. You may also want to register your marriage there.

In your situation the best way for you to go back to canada ( like you came) and register your marrige there and ask your spouce to file for petition later on.If you have already registered in U S no option is left for you
if you are uninspected here like marie told you ca'nt get adjustment of status even you married to USC unless congress again extends 245

If you have been here illegally between 180-364 days and leave, they will ban you from returning for three years. If you have been here illegally for 365 or more days, they will ban you for ten years!

Check the date for which you had to have been married by to be eliglible to adjust status under the 245i grandfather clause. However, I think you missed the boat :(

How do you apply for a 245-I? What are the costs and do you have to get the form from a lawyer? This form is not on the INS web site.

My fiance' and I went to an INS meeting last week and since he has been here illegally for 10 years, he is not eligible to apply for citizenship. The speaker said he could fill out this paper and sign it to travel to Guatemala for a few months for a family visit and come back to marry me. I cannot find the form!

Any help is appreciated.....Thank you....

jln4200

Those who could benefit from the 245(i) (Which became apart of the INA, expired April 30, 2001.
If you married a person who entered the US without inspection, this person can not benefit from 245(i).
You have to understand a bit of a background of Section 245(i). It became a law to benefit those whose visa was immediately available. (immediate relatives; parents of USC's, children of USC's
spouses of USC's., and who entered the US without inspection and admission. There was a penalty feee of $1,000 plus additional fees. That original law expired January 14, 1998. It was re-instated till April 30, 2001. Ever since its expiration most everyone is confused about 245(i). There is no particular form but there are a myriad of forms
for this procedure. If you are a lucky person who filed a petiton as an immediate relative prior
4-30-02, you have a shot to legalize your status here in the comfort of your hometown (so to speak).
Now, if you married to a USC citizen and entered
without inspection you can apply for a visa abroad. You have to understand the basics, you'll immigrate sooner or later, and as you have read in this Board those who depart the US are facing a 3/10 year bar. Each case has its own merits, perhaps your case has nothing to do with all this writing. If confused, don't hesitate to ask again,
it seems this Board has become a target for everything alse than immigrant worries. If available I'll be delighted to share my nonsense
with you.
enriqu