Hi! I came with a C1/D visa in the US in 2004 and i never left, i have a job and i live with my girlfirend ( US citizen ) for the last 7 years. We intend to get married and i want to know if i should start filling the forms to the immigration office or not? I understand that now i can wait here for a waiver according to president Obama change . What is the risk in doing this ? what choices do I have?
Well, as you probably know, the C-1/D is one of the worst visas to have because even marriage to a U.S. Citizen would not help you. Did you come on a ship or airplane that you were a crew member of or did you come to meet a ship or plane that you were a crewmember of?
I came with a plane to Miami and was suppose to join a ship there in a couple of days.
Ok, so then I won't have good news for you. You cannot get legal status inside the U.S. (as you probably already know), unless you get Asylum, Withholding of Removal, Cancellation of Removal, Convention Against Torture, or the law changes. And about Obama's new law, it isn't a new law. It is a new procedure but I think it is a trap. Why? Because right now there are millions of undocumented persons in the U.S. that are married to U.S. Citizens and even have U.S. Citizen children but they do not leave because they are afraid to be stuck outside for 10 years. What has changed is that before (and until they implemente the change which will take a year or so), a person had to leave the U.S. and spend around 15 months or so while waiting for their appointment at the U.S. Embassy or Consulate in their home country and then HOPE that they got approved, but the change is that now they say that the same person can apply inside the U.S., supposedly get a pre-approval, but they still have to leave the U.S. and present themselves to the U.S. Embassy or Consulate. So why do I think it is a trap? Because it could very easily be a way to just get those many millions of people to finally leave the U.S. and once they are outside, they can still be denied the waiver even though they have a "pre-approval". I just don't trust that. So at the very least, it will be a year before it is implemented and I would wait at least 6 months or more to see how many of those pre-approvals turn out to be approvals at the end. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. It is VERY important that if you are not satisfied, please ask additional questions. My goal is to provide you with top-notch service. And please don't forget to rate me, but please rate me on my service to you, not the state of the law because I have no control over that. Also, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
10+ years of experience in various aspects of U.S. Immigration Law.
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