Becoming Legal

[redbud]

If a Mexican citizen is in the United States with no legal documents, what would be the first steps to take to become legal?

[aaron]

Until another amnesty program occurs, and I'm not aware of any on the horizon, the person would return to Mexico and apply for a visa to enter the United States. An immigration lawyer may be able to suggest additional options, depending upon the facts and circumstances.

[Alex Berd, Esq.]

This is a classic question.

First of all, if an EWI (Entry Without Inspection) has a 245(i) benefit (I-130 or I-140 was filed before April 30, 2001) he/she may adjust the status. If there is no 245(i), then there is no way to adjust. The person should decide: (a) stay illegally, or (b) leave the U.S. and apply for an immigrant/nonimmigrant visa and an immigrant/nonimmigrant waiver at a foreign Consulate. Waivers are a very discretionaary in nature, and you need an attorney to help with presenting your case.

This reply is in the nature of general information, not legal advice and should not be relied on as such.

Alex Berd, Esq.