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This is a hard situation and some lawyers will tell you to wait for reform. If you have a deportation order it complicates things and even if you don't you still would have a 10 year bar issued as soon as you left the country. You can get married and will have to but this does not erase the immigration issues you will be facing.
Make sure he understands all this and will stay by your side through all these problems. If you don't speak spanish I suggest you start learning. If reform passes there is a chance you could stay and just pay a several thousand dollar fine so start saving up.
Depending on the countries involved and your specific legal situation the forms and the procedures can change so it is important that you meet with an immigration attorney to verify the steps it is a good idea to get more than one opinion, trust no-one especially if they tell you they can fix everything for a price. If the alien entered the country without inspection and stayed over 365 days a 10 year bar will be issued. Normally the US does not prosecute these cases as criminal but they treat them as civil unless you have been deported and come back in which case that is a felony.
If the undocumented alien marries a US Citizen they can have the US Citizen Petition for them by filing an I-130 form $355 (This may trigger a deportation) and then there will be a marriage interview at ICE where they will want to see wedding certificates, pictures and proof of a valid relationship. If this interview is approved then they will receive a notice to get biometrics taken then you will hear from the National Visa Center NVC. A US Citizen can also petition a father, mother, brother or a sister when they are 21 years of age using the same I-130 form but the wait is normally much longer.
A US Citizen can petition for a fiancée visa as well and this is a different form. Instructions will come in the mail to fill out the DS230 and an affidavit of support which is another $470. Normally the alien will need to leave the USA and go back to his or her country for the interview at the consulate.
This is 9+ months although the time varies per country. The alien will need to have all their vaccinations up to date as per ICE, they will need to have a special physical done by an approved doctor ( I-693 form) in their own country. They will most likely want to file an I-765 application for permission to work as well when you file for the waivers.
If the alien does not speak the language start having them take classes now . If the alien does not have a current passport then have them go to their embassy and get one as soon as possible, normally around $100. This whole process takes time so file the I-130 while the alien is still in the US if possible.
You can file an I-246 which is a stay of deportation $155 but in many cases it will be denied. You can also file for deferred action which is something ICE can approve or deny. If the alien was here and working without permission you will want to obtain all the documents you can such as any taxes paid, letters from neighbors testifying for their character, school certificates, volunteer certificates or letters of recommendation.
This will show that they were productive while here in the US and not causing trouble. You will need to file either the I-212 if the alien was deported or the I-601c if they left on their own. Both of these forms have a fee of $545 and in both the alien will need to admit to what they did wrong and ask for forgiveness this includes working without permission, coming in without inspection and working with a false social security card if applicable.
Since a ten year bar is issued one or both of these forms could waiver the 10 year bar. They may or may not waiver them depending on your situation. If you have a criminal record this will affect their decision so make sure all your fines are paid.
If you have been through any programs such as drug rehabilitation include those certificates. Do not drive without a license or privilege card. Do not drive without insurance.
You do not have to be legal to get insurance. Some lawyers may suggest that you wait for immigration reform but I would not hold my breath on that one at least for this year. The wait for a Green card in Mexico according to USCIS is up to 8 years although marrying a US Citizen puts you at the front of the line.
Understand that only 25,000 visas are issued per year so once they are gone you get put into the line for the next year. I hope this information help you. Make a list of things that you need to get done and check them off keeping copies of everything along the way and a journal entry book every time you get something from USCIS or ICE and every time you send them something along with the tracking numbers.
Understand that the illegals that come here are really doing the same thing as getting in front of someone that has been in the line for years already to do it correctly and that.
If you are here illegally,there is no way to change your status without leaving the country. If you remained here illegally as an adult,your visa will be denied and you will be given a 10 year ban on returning. The fact that you came here at 9 months,went to HS here,are going to college and have a child does not change the situation.
No way to become legal while you are in the country ignoring our immigration laws.
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