Nice, CA Immigration Law Firms & Lawyers

The first step of course is to marry him. If he entered the U. S. legally or has the benefit of §245(i), under which most persons who are illegal are able to adjust status in the U. S. upon the payment of a fine amount of $1000 if they had a labor certification application or immigrant visa petition pending by April 30, 2001 and were physically present in the U. S. on December 21, 2000, he would be eligible for adjustment of status to permanent residence. This is of course assuming that he has no bars other than the fact that he is presently not legal. If he entered the country illegally, you might be able to take advantage of the Administration’s I- 601A program under which you would petition for him (form I-130) and when approved, he would file an I-601A waiver of the 10 year bar while he is in the U. S., and upon approval of that, begin consular processing to obtain an immigrant visa by interviewing overseas. As part of that program, he or his attorney would request an administrative closure of his court case when the I-130 petition is approved and a termination of the court case before he goes overseas for the immigrant visa interview. 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.

It seems you were denied for lacking good moral character due to an affair. If it has been over five years since the incident, you can reapply for naturalization. It is recommended that you show your denial letter to an attorney to make sure that all the issues are addressed.

It really depends on many issues, although the IC should still have jurisdiction over such cases. You surely need an experienced counsel to take you all the way through until your order of removal was vacated.