Legal Question in Immigration Law in California

It depends how you entered the US -- legally with a visa or illegally without inspection.

You may find comprehensive information here or you may contact me for a free consultation:

http://www.msclaw.com/Green_Card_for_Spouse.html

If you entered the country legally (at a port of entry), then you can simply file to adjust status. If you did not, then you cannot adjust status unless you qualify under 245(i), which is a law that allows adjustment of status if a petition for immigrant status or a labor certification was filed for you directly or for one of your parents filed before April 30, 2001 and you were physically present in the U.S. during December 2000.

Either way, you still need to be admissible to the U.S. and without further information, it's difficult to know if you are. If you are not, then you might qualify for a waiver of inadmissibility.

The above is informational only and not legal advice. It does not form an attorney client relationship. For more information, call me at 818 609 1953 or write me at [email protected].

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law

Bd. of Legal Specialization, State Bar of CA

How did you enter the USA 13 years ago? Did you ever leave the country since then?

If you came illegally and no one ever had petitioned for you or your parents in the past, it appears that you'll have to go back to your home country to apply for an Immigrant visa whenever your spouse's petition is approved. Also, a hardship waiver will be required. In this situation, it will be very difficult to obtain a green card.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

You can simply file for adjustment of status in the US if you entered the country legally and can show proof of entry. If you entered illegally you can still adjust your status provided that you qualify under 245i, a law that allows illegal aliens to adjust their status if an employer or a relative petitioned for them before April 30, 2001. If you did not enter the country legally and do not qualify under 245i, you can only apply through the consulate and would need a waiver.