Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

* worked without permission,

* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

* failed otherwise to maintain lawful status and with the proper immigration documentation, or

* have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

*

Ineligible

There may be other reasons that you are eligible for adjustment to permanent resident status. Please see USCIS Form I-485 for more complete information.

You may be ineligible for adjustment to permanent resident status if:
o You entered the U.S. while you were in transit to another country without obtaining a visa.

o You entered the U.S. while you were a nonimmigrant crewman.

o You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.

o You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:

+ You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).

+ Certain foreign medical graduates, international organization employees and family members.

o You are a J-1 or J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement.

o You have an A (diplomatic status), E (treaty trader or investor), or G (representative to international organization) nonimmigrant status, or have an occupation that would allow you have this status. This rule will not apply to you if you complete USCIS Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges and immunities. If you are an A or G nonimmigrant, you must also submit USCIS Form I-566.

o You were admitted to Guam as a visitor under the Guam Visa Waiver Program. (This does not apply to immediate relatives.)

o You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)

o You are already a conditional permanent resident.

o You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you. Or, you were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition for you.

Hi,
Im gonna try to explain my case in the short version.
I got married to a US Citizen 10 days before my I-94 expired. I was supposed to go back to my country or adjust my status here. None of this has been done to this day. Its like been in Limbo stuck in a place that you dont know where to turn to.
We had a meeting with an Immigration lawyer and he suggested that I go back to Chile while my husband applies for the K3-K4 visa. Now my biggest concern is how do I get from point A to point B if im not suppose to leave from the US. THe lawyer suggested that I leave from Mexico but that just doesnt sound right. IM very concern because less than 2 weeks ago I found out that Im pregnant. I already have a son waiting who still remains in my home country and I have not seen him since October 18th 2004.
If my husband is in the US Navy, will this process be faster just because he is in the military?.
Please if anybody has been in a similar situation or knows anything about my case feel free to send as much info as you can, we will be very grateful.

There is no simple answer to your questions, which might be why you are getting different answers.

For example, are you wanting to bring your son from your home country to the US? What was the reason the lawyer suggested leaving via Mexico?

There may be advantages to you filing through your home country (You may even have other options if you say which country). You don't really say enough, and I'm not asking you to.
I do recommend that you tell the next lawyer *everything* including what your goals are for the rest of your family, so you can make the right decision.

I guess when it comes to Lawyers they all like to handle things in different ways or whichever works better for them or whichever they are more familiar with. Who knows.

That may be true, yes.

I don't know what status you had in the US with the I-94 you mention, or how much time out of status you may have accumulate, or not.

There are essentially two choices:
-Stay in the US and file for Adjustment of Status
-Begin the Immigrant Visa processing and return to your home country for the interview

If you have 180+ days of illegal presence (out of status etc) then you potentially face a ban IF you leave the US.

I don't really know what the lawyer meant by 'smoother' if you process in your home country. 'Smooth' to me might mean staying right where I am to have my baby. But it seems the lawyer was thinking what I thought--if you go back and get a visa, your son could poetentially get a derivitive visa from yours. Otherwise, it will be a longer wait for your son to come.
Of course, if you are facing a ban and leave, it might be a long time before either of you (plus the baby) come to the US.

I think there is more to your story than is here, which is fine, I just don't think anyone can/should give you answers based on what you've posted. I'm not sure what help can be offered. I think the best thing you can get here is tips on the kinds of questions you should be asking the lawyer at your next meeting.

So you've basically got 1 year of out of status time here in the US. If you leave the US now, you will face a bar at re-entry, so you wouldn't be able to come back to visit your husband until you get either the K3 or CR1 visa. He'd have to go visit you in Chile.

Now if you stay and adjust status, you're stuck here in the US until you get your green card. That can take either a few months, or more than a year or longer.

The thing is, I am not sure that if you stay here to adjust, if you can get your son here any time soon. Unless your new husband were to adopt him, I don't think he can sponsor him if you stay to adjust otherwise, and if you sponsored your son after you get your green card, that could take several years to process.

If you go home and wait out a K3 then your son could get the K4. You would however be delayed at your consulate interview because of your over stay, and would likely have to file a waiver, which would take a while after that.

Is there not a lawyer on base that could assist? Your husband being in the military is not going to speed up your process at all, but sometimes the base lawyers are familiar with spousal immigration.

Good luck in whichever you decide.