Re: immigration help

Dear Inquirer:

If you entered the US with a visa, you may be eligible to adjust your status to green card through marriage to a US Citizen. Otherwise, a person who entered with no visa or is out of status and is seeking adjustment of status through an employment petition is only eligible for adjustment of status if they qualify under section 245(i), which requires that an immigrant visa petition or labor certification application was filed on your behalf prior to April 30, 2001.

I recommend that you email visas@hanlonlawgroup.com or visit www.hanlonlawgroup.com for more information.

Re: immigration help

Under current law, probably not, but really it's impossible to know without the answers to some questions concerning the birth place and physical presence of your ancestors, how you entered, whether you have a possible employer petitioner, your age and whether your aunt's sibling (who is your parent) has/will be petitioned and whether the Child Status Protection Act applies to you. There are a couple of other issues that might reveal other means of qualifying.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at alice@yardum-hunter.com. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: alice@yardum-hunter.com WEB: http://www.yardum-hunter.com

A “Super Lawyer” 2004 – 2009, Los Angeles Magazine

Re: immigration help

How did you enter, with or without a visa? Has anything ever been filed for you or your parents with the Immigration Service?

You are ineligible for any nonimmigrant visa. If any family or employment based immigrant visa was filed for you before April 30, 2001, you remain eligible for family and employment based lawful permanent residence and apppear eligible for "adjustment of status."

If you entered without a visa, entered without inspection ("EWI") and nothing has been filed previously, absent a change in the law, you are not eligible for adjustment of status, and could marry a US citizen, but would have to return to your home country to seek an immigrant visa, but you would then be subject to a 10-year bar from returning, which you could seek a waiver of based upon extreme hardship to your spouse.

Lastly, you have been here 10-years plus, and provided there are no other issues, like criminal convictions, if put in removal proceedings (deportation), you might be eligible for cancellation of removal if you have a "qualifying relative."

Can you see that this is complicated and there are a lot of questions to be asked and answered?