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  1. #1
    Join Date
    Feb 2008
    Posts
    2

    Default Green Card Through Marriage

    I was brought illegally into the United States at the age of 3. I have lived in the U.S. my entire life, have been an upstanding citizen and am a college grad currently enrolled in graduate school. I always considered applying for myself while I was a minor but I was always scared (or had fear placed in me to do so).

    I recently got married. My husband is a naturalized U.S. citizen. We have spoken to two lawyers one of which told us that our only resort was to begin the process of a consular adjustment (meaning leaving the United States). Another researched what, if any, forms my parents may have included me in in the past when they were trying to attain permanent residence. Unfortunately, nothing was found in their documents that included my name. So now my situation has been placed at a stand still. The only other recourse is to proceed with the consular process however dangerous it may be.

    Do I have any other options seeing as I am a college grad was brought into this country as a child? If I had to adjust outside of the United States could I argue for a pardon on behalf of the heart ache it would cause my husband and the knowledge that I can bring to this country?

    Thanks, I appreciate your response in advance.

    The name of my state is Texas.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Green Card Through Marriage

    Do I have any other options seeing as I am a college grad was brought into this country as a child?
    Unfortunately, no.

    There used to be an amnesty provision that helped many in your situation, but it expired in 2001.

  3. #3
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Green Card Through Marriage

    Missy
    What about the 245A provisions? I know very little about it, but have heard this can be used for childred who were brought her by the parents many years ago?

    Thoughts?


    http://www.uscis.gov/propub/ProPubVA...3d00a71a807ef5




    § 245a.11 Eligibility to adjust to LPR status.



    An eligible alien, as defined in § 245a.10 , may adjust status to LPR status under LIFE Legalization if:



    (a) He or she properly files, with fee, Form I-485, Application to Register Permanent Residence or Adjust Status, with the Service during the application period beginning June 1, 2001, and ending June 4, 2003. (Revised 6/4/02; 67 FR 38341 )



    (b) He or she entered the United States before January 1, 1982, and resided continuously in the United States in an unlawful status since that date through May 4, 1988;



    (c) He or she was continuously physically present in the United States during the period beginning on November 6, 1986, and ending on May 4, 1988;



    (d) He or she is not inadmissible to the United States for permanent residence under any provisions of section 212(a) of the Act, except as provided in § 245a.18 , and that he or she:



    (1) Has not been convicted of any felony or of three or more misdemeanors committed in the United States;



    (2) Has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion; and



    (3) Is registered or registering under the Military Selective Service Act, if the alien is required to be so registered; and



    (e) He or she can demonstrate basic citizenship skills.

  4. #4
    Join Date
    Feb 2008
    Posts
    2

    Default Re: Green Card Through Marriage

    I have been informally speaking to an immigration lawyer about my case and she tells me that Section 245i is actually for aliens that entered without inspection and filed on or before April 30, 2001. If this is correct, which I assume it is as I doubt she would give me incorrect information, what would be the first step I would need to take in order to begin this loooong process!

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