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Do I Need a Lawyer Other Immigration Law

Discussion in 'Immigration Issues' started by snowyyy39, Nov 25, 2008.

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  1. snowyyy39

    snowyyy39 Law Topic Starter New Member

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    I am an Australian citizen who came over for a vacation back in 2001while here I met and married my husband who is a US citizen. He was in the military then and was deployed and we never got a chance to do any paperwork to change my status then as time went by we forgot plus didnt have the money as it kept going up. He is no longer in the military and finally we have saved up the money for the applications, my visa has expired years ago we have been married for nearly six yrs now and have not done anything illegally like work or any crime (except for my over stay now).My question is can we order forms and just do this ourselves if so where do we get them and exactly what forms do we need as we have the fees covered and I am wanting to go home for a visit as I am homesick and want to get this done asap as I have heard that it can take up to a year and longer. Also will I get into trouble because it took us this long to do. Appreciate any help. Cheers
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    You've got a couple of options here but they aren't as simple as just applying, getting your green card and then going off for a visit and returning here shortly. As you probably can expect, the government takes illegal stays seriously.

    To begin here is a complete list of INS forms which you can use. Still, you may want to hire an attorney in order to get this done properly since you'll face additional hurdles. From what I understand, you'll need to file for an adjustment of status through section 245i including an i485 adjustment and pay the fine. Essentially, 245i– adjustment of status for illegal entrance and overstays of over 6 months are generally required to meet the following:

    * they had a green card or labor certification petition filed on or before April 30, 2001;
    * resided in the US continuously since after filing the application;
    * they have a green card petition as an immediate relative or other basis with a visa number presently available; and
    * complete and file form I-485a (extra) with a fee of $1,000.

    You also need to file an I-130 Petition for Alien Relative and I-485 Application to Adjust Status.

    You've also got to file for a K3 marriage visa.

    So as you can see, it's complicated. While you can file some forms yourself, I might choose the option of going with an attorney given your status issue and the fact that it involves interviews as well. If you need a referral, let us know but this should get you started on understanding what is involved.
     
  3. harigupta

    harigupta New Member

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    Remember that your status is an illegal migrant which could land you in gaol if you get caught. Obviously deportation is another possibility which could result in denial of readmittance. The easiest/slightly dangerous way would be to fly back to OZ and complete the paperwork from there. Or if you have to, cross a land border such as the one to mex. It is not likely that you will be stopped on the way out as from memory - pls advise if incorrect - there are no emmigration checkpoints like we have in australia.
     

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