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Ice on Immigration: In a quandary over marriage regulations
By L. Patricia Ice, Featured
Columnist
Question: I have been in the US
since 10 years old. I am now 21. I first came on a tourist visa to
visit my parents, but they never sent me back. Thus, I cannot drive nor
attend school, etc. I am getting married and have a baby on the way.
We want to fix my status soon. Can you tell me how to start the
process?
Answer:
Your question states that you entered the United States on a visa. If
either one of your parents is a United States citizen, you may be one,
too. If you are not, and your partner is of the opposite sex, is a
United States citizen, and you do get married, your spouse could file an
immigration form I-130 Petition for Alien Relative on your behalf. At
the same time, you could file an I-485 Application to Adjust Status to
lawful permanent resident. If your future spouse is not a United States
citizen, other rules may apply. The American immigration laws are
extremely complicated, so I suggest you learn as much as you can before
proceeding with trying to legalize your immigration status. Each case
is different. You can go online to the United States Citizenship and
Immigration Services (USCIS) web site at
http://www.uscis.gov to locate the forms above and their
instructions in order to get an idea about what the process of becoming
a permanent resident entails. A better way to begin, however, is to seek
a consultation with an immigration attorney or a Board of Immigration
Appeals (BIA) accredited representative. You may contact the American
Immigration Lawyers Association at
http://www.aila.org to seek an attorney in your area or ask
around in your community for a reputable referral. Also, many offices of
Catholic Charities employ immigration attorneys or accredited
representatives who may be able to help you. Good luck.
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