Constantinos G. Fountas Immigration Law Blog on Lawyers.com

The biggest hurdle of the undocumented population is attaining legal status even when they have US citizen spouse and children.  Those who entered without inspection are not eligible to adjust status in the United States.  This means that if someone marries a US citizen that person must still return to his/her country for a consular interview. 

When the person leaves the US they are automatically given a 10 year ban if they were in the US unlawfully for more than 1 year.  This can have harsh consequences to a US citizen spouse and if any children were born from the marriage.  Waivers are available but hard to be approved.  Congress should extend the 245(i) provision that would allow the undocumented who entered without inspection to adjust their status by paying a penalty fee.

Gus Fountas, Fountas & Associates - Immigration naturalization service in Las Vegas

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