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  • Told Different things from different lawyers...advice

    Hello,
    My friend is here illegally from mexico.
    We were told differnt things from different laywer. Maybe someon has some personal experience...
    First, we were told earlier that adj of status based on marriage cannot be done while in america..and leaving might incur ten year bar..now yesterday the lawyer said they file petitions based on marriage to a us citizen all the time and get them approved in about a year, without leaving america?
    ANd also she said once you file petition you can take receipt to dmv and renew drivers license..our other lawyer said no this isnt possible.
    She also wants to start filing work authorization and just wait for 245i to be reinstated.does this make sense?

    One last confusion we were told before if 245i is reinstated you can apply for investor visa while remaining in america.... now we are told 245i doesnt apply to investor visa and he would have to go back to mexico even with 245i??

    ANybodys personal experience or advice is appreciated.
    thanks!

  • #2
    Hello,
    My friend is here illegally from mexico.
    We were told differnt things from different laywer. Maybe someon has some personal experience...
    First, we were told earlier that adj of status based on marriage cannot be done while in america..and leaving might incur ten year bar..now yesterday the lawyer said they file petitions based on marriage to a us citizen all the time and get them approved in about a year, without leaving america?
    ANd also she said once you file petition you can take receipt to dmv and renew drivers license..our other lawyer said no this isnt possible.
    She also wants to start filing work authorization and just wait for 245i to be reinstated.does this make sense?

    One last confusion we were told before if 245i is reinstated you can apply for investor visa while remaining in america.... now we are told 245i doesnt apply to investor visa and he would have to go back to mexico even with 245i??

    ANybodys personal experience or advice is appreciated.
    thanks!

    Comment


    • #3
      As things stand right now, if one entered illegally they can NOT adjust. From hundreds of other post and personal experience, you can file I-130, when you get an interview in Juarez, it will be denied due to entering illegally. But all is not lost, you can then file I-601 to remove the bar. Immigrate2us.net has tons of info on illegal entry and HOW to fix it without waiting at a chance of another 245i

      Comment


      • #4
        There's a big difference between adjusting status while in the U.S. for an alien spouse who is legal versus a spouse who is illegal.

        Both lawyers are correct, depending upon whether the spouse is legal or not.

        Comment


        • #5
          Adjusting status while in the U.S. is a two fold process:
          1) USC/LPR spouse files form I-130 alien relative petition. This can be filed even if an alien spouse hopped the fence.
          2) In case a spouse is a USC form I-485 adjustment of status form can be filed. If a spouse is an LPR an alien spouse must wait for a visa number become available from the State Department. This is not an option if an alien spouse entered without inspection.

          If a spouse is a USC those forms are usually filed concurrently.

          Comment


          • #6
            TO:gg
            If you entered illegally even if your spouse is a USC you cannot adjust status without leaving the US.
            We're in the same position even though my spouse did not enter illegaly but her visa type falls under these restrictions.We spoke to many lawyers and we were also adviced not to file I-130.
            Our lawyer told us to wait and be patient.Maybe 245(i) will be reinstated.
            Make sure you get all the informtions you need or might face harsh,sad consequences.
            Good luck

            Comment


            • #7
              On www.immigrate2us.net under forums there is a category dedicated to the I-601. Gluhbirne and Spouse are both going through the process and have posted on this forum and immigrate2us also. They are very knowledgeable and actually, Spouse has come through the process successfully. It would be to your benefit to try to talk to these two, and maybe others, and find out what all is involved.

              Comment

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