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I have a CD1 visa entered United StaTes. I got married more than a year ago to an American. Is there any hope for my case after the election?

1 Answers. Asked on Feb 20th, 2017 on Immigration - New York
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Answered on Mar 19th, 2017 at 10:20 AM

You may still take advantage of the I-601A program under which your US spouse would file an I-130 petition for alien relative on your behalf, and upon its approval you would file an I-601A application to remove the bar of unlawful presence based upon extreme hardship to your US citizen spouse if the provisional waiver is not granted. If U.S.C.I.S. approves the I-601A, you would then begin consular processing with the National Visa Center with the aim of ultimately interviewing with the American consulate or embassy in your home country. Assuming that your only bar to the US was your unlawful presence, your interview would be like any other applicant's for an immigrant visa.Due to the limitations of the Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.


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