Legal Question in Immigration Law in Ohio

I married a us citiizen however I entered illegally, I want to know what's the process to get legal residence

Asked on 1/31/12, 3:56 pm

3 Answers from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation


Assuming you are not under 245(i), it would be the K3 plus a Waiver.

K3 Petition and Waiver of Inadmissibility of the 3/10 year Bar
Unfortunately, an adjustment of status cannot be filed inside the U.S. The K3 must be filed and eventually there will be an interview at the U.S. Consulate outside the U.S. Once there is a departure from the U.S. there will be the need to prepare and get filed the Waiver of the 3/10 year bar. Otherwise, if one has been unlawfully present for more than one year, then that person cannot return to the U.S. for 10 year. 

K3 Petition
Since you are already married and your spouse is outside the U.S., it would be necessary to apply for the K-3 Visa. The particular visa is considerably faster than the Consulate Processing needed to bring your spouse in as a Lawful Permanent Resident. Here, we would apply for the K-3 Visa which would take about 6 months. After, your spouse is in the U.S., the Adjustment of Status package can be filed. 

Waiver of Inadmissibility
A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents. 

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Answered on 1/31/12, 4:03 pm

Caridad Cardinale Pastor & Associates, P.C.

Hello, Since you are already in the U.S. but entered illegally, you will need your US spouse to petition for you and once that petition is approved you will need to continue processing outside of the country. You will also require a waiver based on hardship to your US spouse in order for the 10 year bar of unlawful presence to be waived. Please call us for a free consultation at (248) 619-0065.

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Answered on 2/01/12, 6:12 am
Philip Eichorn Hammond Law Group

Once the marriage is approved by CIS and assuming you are not qualified for 245(i), you would have to depart the U.S. and attempt to return through the U.S. consulate. This would require a waiver of your inadmissibility for having been unlawfully present. Said waiver requires a showing of extreme hardship on your citizen spouse if you were not permitted to return. Said waiver also necessitates the government to exercise their discretion in granting the waiver. Waivers require substantial documentation and legal argument to have the best chance of success. I'd strongly consider retaining counsel for the entire process.

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Answered on 2/01/12, 2:29 pm

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