Marriage to a US Citizen After Entry Without Inspection


good afternoon my name is Alena Shautsova
immigration attorney from Brooklyn New York in today’s video I would like to
talk to you about what to do if you enter the United States between the
ports of entry or simply cross border and now you’re married to a u.s. citizen
well first of all in most cases what’s going to happen is that you will need a
waiver and an unlawful waiver presents a waiver from local presence I said so on
a waiver please keep in mind this waiver does not waive illegal entry it waits
something else what’s going to happen is this that ordinary for somebody who is
in the United States and now he or she has a relative who in petition for them
the person can adjust their status to one with permanent resident if they have
illegal entry admission or parole but if they don’t then they can do that okay
they will have to receive an immigrant visa in a consulate of their home
country but he here’s what happens the minute the person leaves the United
States he or she becomes inadmissible for unlawful presence all those illegal
days that you accumulated from the time that you entered illegally right so
that’s this is what that waiver weeks Isaacson a waiver should receive a
waiver you need to show stewardship to your citizen spouse or lawful permanent
resident spouse you need to show that the spouse will not be able to live
without you here without experiencing extreme hardship if you are deported
removed from the United States and the spouse cannot or the spouse cannot move
with you to the place where you’re going to be residing if you are not allowed to
stay in the United States this is this is what’s going to happen in most cases
at times the person would qualify for an exception 245 I exception it means that
something was fired for the first an immigrant petition was filed for the
person before April 30th 2001 and the person was physically in the United
States in December over 2000 the person can prove that ok sometimes have
difficulty proving some something that’s required by law
that’s another scenario less people qualify for that you will qualify for
that by the way if maybe you were married to somebody who qualified for
this 245 I exception at that time okay so at the time you were married to
somebody now you’re married to someone else
alright so you still can do something and third exception to the general rule
will be if you are a Bauer beneficiary vow Violence Against Women Act again it
can be applied for by men women parents with children at times okay
of the u.s. citizens or permanent residence and you qualify for that your
I 360 was approved and it will not matter that you entered illegally but of
course that means that your marriage the marriage didn’t go the right way
something one woman now you you’re filing for yourself
that’s this is the these are the most common scenarios was going to happen of
course we also have cancellation or removal which is not really firm to
believe meaning that you cannot just father it you have to be removable
deportation proceedings all right and that’s specifically designed for the
judge to cancel your removal if you qualify for it getting you to show some
hardship in to show that you resided in the United States for ten years your
personal good moral character but you will not have to leave the United States
to receive a green card if the judge is a judge grants a relief and of course the
judge is always chance that there really cannot be granted so that’s important
children right so this is that most common scenarios as to how to handle the
situation if you were never and you are not in immigration court
and we’re going to have another video if now you are married to a u.s. citizen
and you are an immigration court or you were in immigration court already and
you have a removal order and you can read more about United
States immigration rules and various situations on our website www.shautsova.com

3 thoughts on “Marriage to a US Citizen After Entry Without Inspection

  1. Hello ma'am, you have great content on this channel but we however, don't know how to reach incase there is a need to. Please let me know how to contact you directly. Thanks and God bless you for your hardwork.

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