Davisburg, MI Immigration Law Firms & Lawyers

A person who entered the country without inspection is not allowed to adjust status unless he or she has the benefit of §245 (i), under which the individual has a labor certification application or immigrant visa petition filed by April 30, 2001 and has been physically present in the country on December 21, 2000. Lacking that, you could attempt to obtain an advance parole with your DACA status to make another entry which will hopefully allow U.S.C.I.S. to consider you as no longer an illegal entrant. Such advance parole can be approved for schooling or business related reasons or emergent circumstances. Another option could possibly be your wife applying for you under the I-601A program under which you would interview overseas, but could file a waiver of the 10 year bar for being in the country illegally for over one year and have an adjudication of such made while you are still here. The waiver would be based upon establishing extreme hardship to your wife if you cannot obtain residence status.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Unless you can show that you meet the financial requirements for an affidavit of support, you will need someone to agree to be a joint sponsor for your family.

Your girlfriend was inspected and admitted upon entry into the U.S. If you are a U.S. citizen, once you two get married, your wife will be able to adjust her status to the legal permanent resident provided, of course, that she has no criminal history and is otherwise eligible to adjust status, and provided that you can show sufficient financial support (or have a joint sponsor). As to timing, you two should decide on that, but please note that, since she overstayed her welcome, she could potentially be subject to detention and removal proceedings because she no longer has any legal status in this country. Just because you are planning to get married does not mean that she has some sort of protection from her now-undocumented status in this country.