Legal Question in Immigration Law in Oregon

I'm 19, just graduated high school. No criminal record. I'm getting married this upcoming November, I want to file to legalize. I've been here since I was six months old, I was brought here. I haven't used any false information, no fake I.d.s or S.S.#. I have heard I must leave the U.S. in order to legalize, my father is in process of legalization, must I leave to Mexico in order to legalize?


Asked on 10/21/11, 9:44 pm

1 Answer from Attorneys
Seeta Nangia Law Offices of Seeta Nangia

If you entered without inspection (without a visa), you must obtain a green card through a consulate abroad unless you are 245i eligible. To be 245i eligible, there must have been a immigrant petition filed on your behalf before April 30, 2001. If you are not 245i eligible, you will have to get your immigrant visa through the consulate with a waiver of your unlawful presence. To be eligible for a waiver you must show that your parent or spouse that is a U.S. Citizen or lawful permanent resident would suffer extreme hardship if you were not allowed back in to the U.S. These cases are very complex and you should consult with an immigration attorney to go over your options. Please feel free to contact me to discuss this matter further.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

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Answered on 11/02/11, 4:14 pm


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