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**overson** · 12-11-2005, 09:07 PM

I married a US citizen a year ago. I'm an illegal alien and have been living here for almost 3 years. We are really in love, and he is studying his phd, and he needs to travel a lot. This year he went to Mexico to meet my parents alone and I couldn't go. We decided to apply for my visa and I did a lot of research, and he did too, but every person told us different things, and we visited a lot of lawyers too and they told us different things. We eventually found this attorney who said that I needed to start the process and wait, and later I will go to Mexico two to three weeks before my appointment with the American embassy there and file a hardship waiver, and i will get my visa, she said that there is hardly any chance that I will get barred from the US but I'm still worried. I don't want to get barred or force my husband to have to live with me in Mexico and loose his chance of finishing his phd here. I could not forgive myself for that. Could somebody tell me honestly what are my chances of getting a visa? you can answer me here or write to me at my email:
nancy.overson@gmail.com
thanks. nancy

**Michael** · 12-11-2005, 09:27 PM

NO !!! DO NOT GO TO THE EMBASSY FOR PROCESSING !!!!

You must do the process yourself or see a competent immigration attorney. Do not go to any attorney unless he specializes in immigration.

You can apply for ADJUSTMENT OF STATUS - AOS in the United States. Your interview will be in a local immigration office. The process takes 2 years to get a green card. During that time if you go outside the US, you MUST have received permission by applying for ADVANCE PAROLE. If any attorney told you differently, then they do not know what they are talking about.

**newbam** · 12-11-2005, 11:35 PM

why don't you research your quary via the net? sounds like you're not all too certain if you're asking "should i trust my lawyer" ....
also, what's stopping you from getting another opinon thru another atny??

good luck

**overson** · 12-12-2005, 02:07 PM

We are in the process right now, and we are waiting to be called to the US embassy in Mexico, every attorney that I talked to agrees that yhis is the only solution for my case, because of my entrance to this country (I'm an illegal allien), somebody can tell me what should I do now?, is there something that I can do to solve my situation? thanks

**mohan** · 12-12-2005, 02:25 PM

your attorney is right for the processing but wrong about the bar.
my best guess is he will file for consulate processing and he want you to travel to consulate on interview date.
the problem is if you have generated any kind of record here in US you will be inadmissible and then you have to file a waiver and waiver will take more then a years....
regardless you try for K visa or immigration visa..
choice is yours...

**Michael** · 12-12-2005, 02:38 PM

Mohan; Why on earth are you suggesting that she return for consular processing when she is already in the US and eligible for adjustment of status? Do you have any idea of what you are talking about????!!!

Overson; you will have NO problem applying for adjustment of status and getting advance parole to travel; don't listen to these idiots. They have no idea what they are talking about. There are millions of wetbacks in the same situation as you and they apply without a problem. If you decide to see an attorney; make sure they specialize in immigration law or they will give you bad advice. There is a good law on the loveme.com website. Use her or another competent attorney that specializes in immigration law.

**Sugarpuff** · 12-12-2005, 04:30 PM

How does someone who is not eligible for 245i adjust inside of the U.S. if they are illegal or out of status?

**sappyconifer** · 12-12-2005, 05:33 PM

Michael,

Marriage to a US citizen permits people out of status to adjust, but only if they entered with inspection or were paroled. Overson is an EWI and will have to return to native land to begin the immigration process and will most likely be found inadmissible and will need to file a waiver, as mohan advised.

**Michael** · 12-12-2005, 05:53 PM

OK i didnt know she was a wetback; i concede that you are right in this case if indeed she is a wetback (sneaked across border).

**sappyconifer** · 12-12-2005, 06:04 PM

How old a US citizen are you, Michael? "Sneaked" was last commonly used in America in the late nineteenth century, unless you're a writer or editor. "Snuck" is the more popular term in the USA!

**mohan** · 12-13-2005, 10:35 AM

mickey...
enough of your BS here.. can you read english or not?
read again there is no suggestion in my posting, i just clarify the situation wht his attorney trying to do..

for you..
she cannot adjust her status within us because she entered un-inspected. only 245i cures that and that also cure only if no NTA/OSC were issued.. now you think in you upper compartment and let me know what choice she has other then consulate processing.

**Abeer** · 12-13-2005, 11:36 AM

Dear Friend,

DO NOT GO OUT OF THE US UNTIL YOU HAVE AT LEAST A TEMPORARY GREENCARD. I am married to an American Citizen and I have worked here for several years (H-1) and I have a daughter who is American as well, but this did not stop the US Embassy in Cairo (Egypt) from denying me a visa for 9 months. Wait until your papers get in. I was told that nothing would happen to me either (lawyer), but lawas have changed dramatically and no one will care if your whole life is lost but you.

**Michael** · 12-13-2005, 11:38 AM

No where does she say she came in uninspected !!! Grints should be inspected for bombs and diseases !!!

**sappyconifer** · 12-13-2005, 02:51 PM

because of my entrance to this country (I'm an illegal allien),

That was the hint.

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