Legal Question in Immigration Law in California

Well, my name is Osvaldo. I am married to a US citizen. We met each other when we were in High School. However; we couldn't be together because of our age difference. After 8-9 years we reunite. She has 2 kids, and went through a tough divorce. She had depression problems, and one of her sons had speech problems because of the trauma. So, I saw her back again, right after I graduated from the University (SAC State). We started going out and suddenly the spark of love clicked again, and we married. We have been living together for about a year. We decided to go ahead and trying to fix my immigration status. The I130 application was successfully passed, however, we need help with our case. We don't want to be separated. It has been a long time and I don't think I could loose her again. She feels the same way, and my boys, even when they are not mine I consider them as ours. We work hard to provide for our family, and I don't want them to go through the same thing all over again.

I crossed the border when I was 15, I am 30 years old now. I graduated: 7 A.S.; a B.S. in Civil Engineer; EIT certified. I am a good guy, with good moral character. I have never been detained by immigration officials, and my record is clean.

Please we need help....

Asked on 5/23/13, 7:55 am

2 Answers from Attorneys

Michael Cho Law Offices of Michael Cho
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I'm glad to hear you and your wife found each other.

It appears that you will need to file for the I-601 provisional waiver.

That would allow you to get a decision on your waiver before you leave the U.S. In other words, you would only leave the U.S. to go process for your immigrant visa if you are approved for the I-601 waiver.

You may find information on the waiver process here:

http://www.msclaw.com/index.php?page=i-601-unlawful-presence-waiver

U.S. Immigration Attorney | International Marriage Lawyer

Regards,

Michael S. Cho

Attorney & Counselor at Law

10940 Wilshire Boulevard, 16th Floor

Los Angeles, California 90024

Phone: 323.238.4620

Fax: 323.345.5477

Internet: http://www.msclaw.com

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Answered on 5/23/13, 8:07 am
Bill Klein Law Office of Bill Travis Klein
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You may qualify for DACA (Deferred Action for Childhood Arrivals) where once granted you would be given a permit to work legally in the U.S. You may also qualify for a provisional waiver which you will need to complete the green card process (which started with you I-130 Filing). However, more details are needed and a careful review of your documents about your immigration status and family (marriage situation) is required. The best way to move forward is to consult with an Immigration Attorney who can help you with the options availabe after reviewing your paperwork and talking with you.

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Answered on 5/23/13, 8:12 am

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