Tierra Verde, FL Immigration Law Firms & Lawyers

Generally speaking, applying for a motion to reconsider or to reopen and immigration decision does not give you legal status. Unless you have some other underlying legal status, you would be considered illegal even during the time of filing a motion. If comprehensive immigration reform (CIR) passes, the final outcome of the legislation will determine whether you and your wife are benefited. I note that you and your wife legally entered the US in November 2011 and so have only recently fallen out of status. The question will be what cutoff date for becoming illegal will be stated if and when CIR passes for the undocumented to gain benefits. 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.

Hello,   You do not say how long you overstayed in the U.S before you left the country and triggered the unlawful presence bar. The unlawful presence bar requires you to stay outside of the U.S. for 3 years, if your overstay in the U.S. was from 180 days to one year, and up to 10 years if your overstay was more than one year, and you left the U.S. and tried to obtain a green card. You would only make your case more difficult if you tried to renter the country illegally, even if you married an American citizen. Depending on your immigration and criminal history you may be able to file for an unlawful presence waiver and it would be advisable for you to discuss your case details and future plans with an experienced immigration lawyer in your local city before you make any decisions. If you are granted this waiver, you would be able to return to the U.S. to join your spouse without  having to remain abroad for the three or ten years time frame. Good luck.   This information is of a general nature and is not, nor is it intended to be, legal advice. Please consult your immigration attorney with your specific case details for legal advice for your situation.

My understanding is that as long as you choose to remain in the United States, you must abide by the laws of the country. You are not able to unilaterally revoke your consent to be governed by the US government while you are here. If you break the law, you will undoubtedly be arrested if your act is known to the authorities regardless of whether you inform them that you do not consider yourself subject to US law.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.