Starwarrior

I came to the US from Canada with my family when I was 8, in 1985. Much later, I
found out that our occupation here was not entirely legal, as my father (a
naturalized Canadian citizen from the Philippines) was only supposed to be here for
the duration of his working visa.

My family has run into many snags trying to gain immigrant status, leaving me and my
sister in the lurch.

I have consulted lawyers regarding this matter, and most have said that getting
married to an American citizen would be the easiest way to rectify my situation.

Well, I'm 25, and I'm getting married. After seven years of dating, I finally popped
the question to my girlfriend. But now that we are engaged, I am not sure what the
next step is. (I probably wouldn't be pressing the matter so strongly if we weren't
thinking of taking our honeymoon overseas -- the matter of passports and papers could
hamper our plans).

Will I have some hoops to jump through to get legal? How can I expect a lawyer to
assist me?

James Donovan

[email protected] (StarWarrior) <snip>

First off, if you entered the country legally (I'm assuming on TD status - dependent
of TN visa holder, i.e. your father) you have no problem. Overstays are forgiven if
you marry a US citizen.

After you get married you need to file i-130/485 simultaneously and all supporting
documentation, along with forms i-765 for work authorization. You may file for
advance parole (i-131) as well but I doubt it will be approved and it may not be wise
travelling on AP since you have overstayed quite a while. These are optional, but
will allow you to work or travel and live a "normal" life.

After that it's just a long wait, your interview with your spouse, then your green
card. Unless you have advance parole (which you may not get since you overstayed a
long while) you may not travel out of the country. If you do you risk being banned
for 3 to 10 years.

If you get your green card before your 2nd wedding anniversary, you will receive a
"conditional" green card which you will have to file i-751 two years later to have
the conditions removed. That's about
it. Good luck.

MarkW

The Advance Parole application is worth a try. My guess is that the INS will be viewing you as basically non-removable anyway, since you've been here since you were 8. What's to lose but the application fee? By the way, you can't petition until you're married, and you won't have your Advance Parole until at least 3 weeks after you petition, so don't plan to be spending your wedding night on honeymoon.
Mark

David R . Tucker

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For the engaged, the next step is to get married. (Or was that obvious?) Then you
apply for adjustment of status to permanent resident ("AOS").

As for the honeymoon: what is/are your citizenship(s)? What is your current (or
former) immigration status? When did you last enter the US? Were you inspected? What
does your I-94 say (if you have one) and when does/did it expire?

I suspect very strongly that you should not leave the US, even with Advance Parole,
until your permanent residence is approved, but I can't really tell without the
answer to those questions. If you do, you will probably be denied entry to the US for
3 or even 10 years. Advance Parole will not get around this problem. Don't be fooled
- they'll gladly give you AP and then enforce the ban, if it applies, when you leave.
Just a couple of months ago, IIRC, an Irish woman who posted on this newsgroup ran
into this or a similar trap. She was stuck. There's little anyone can do to help you
once you leave the US. I believe she was reduced to trying to get a private bill
though Congress as a last resort. Not fun, and if you were out of status, not likely
to succeed either.

If I were you, I'd plan a honeymoon in the US, unless you want to wait until
your application is approved and you have the appropriate documentation as a
permanent resident.

--
David R. Tucker [email protected]

"I may be wrong, but I'm not Clearly Erroneous."

- Judge Hillman

Shelley

The original poster should not even apply for Advance Parole. Even if he receives it,
if he leaves the US and tries to return he would incur a 10 year ban because of his
overstay. Save the fee. His AOS should go fine with a legal entry and overstay. He is
also eligible for an EAD card. He should just wait until he has his Permanent
Residence before he leaves the US. My question is about employment - does the
original poster work? If you he should get an attorney because working illegally is
something that may cause him problems adjusting status. You should go to Doc Steen's
site http://www.mindspring.com/~docsteen/...o/visainfo.htm the section on Tourist
Adjustment will tell you all the forms you need to file, and has lots of links,
helpful hints and example forms. Also try posting at alt.visa.us.marriage-based for
"experts" in this area. Take Care. Shelley

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James Donovan

MarkW <[email protected]>
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WEll I've heard stories of people getting denied re-entry even though their AP was
approved. But what's the biggie anyway. He was here since he was 8, and wants to stay
in the US, why would he have any urgent need to travel out of the country?