Immigration Site

I came here in 2002 with my mom and brother, I dont know what Visa we had but we did come here LEGALLY. We obviously overstayed our Visa and my situation is complicated, my mom married a US citizen but when it came time for our interview, the officers told him they knew it was a fake marriage (Which it really wasnt) and if he didnt admit to it he would go to jail, so he panicked and said it was. Obviously we got denied and no matter how many times we appealed it was denied. So now I am 18, I cant work or drive and its really starting to get to me.
Now, my situation pretty much is that I have a boyfriend who is a US citizen that I have been dating for 2 years and I love him so incredibly much, he just found out about my situation and we were planning on getting married before he found out but now we just want to hurry up the process, but the trouble is that he lately got into some trouble and is on his way to Prison (12-36 months) the charges werent anything like domestic violence. His total charges were: Assault with deadly weapon, attempted grand larceny - auto with the use of deadly weapon, possession of burglary tools, concealed weapon (Bebe gun), attempted burglary. But all his charges got dropped too only ATTEMPTED BURGLARY and ATTEMPTED GRAND LARCENY AUTO. I was wondering if when he comes out and we get married, even if hes on parole or anything like that if he can support me financially if he could still petition for me.
And if not what would be another way I can get a green card? Returning to my home country (France) is out of the question considering I dont speak it or know anyone over there. Anyway I could readjust my Visa myself, even though Im 18 and you need to be 21 to apply for yourself.
But my most important question is would my boyfriend be able to petition for me?

Please only answer if you know what youre talking about.

I came here in 2002 with my mom and brother, I dont know what Visa we had but we did come here LEGALLY. We obviously overstayed our Visa... Did you enter the US with an actual visa stamped in your passport by a US embassy, or did you use the visa waiver program? It makes a big difference with your eligibility for a green card.

Anyway I could readjust my Visa myself, even though Im 18 and you need to be 21 to apply for yourself. Thats not true. In general, you cant apply for yourself, and in the few cases where you can (e.g. asylum, spousal abuse, extraordinary ability), you dont need to be 21.

You said youre 18 ... are you less than 180 days past your 18th birthday? If yes, that opens up other possibilities.

Returning to my home country (France) is out of the question considering I dont speak it or know anyone over there. You were in France until 9 years old, but you dont speak French?

wow you have some real problems there. the biggest as I see it and I am not a lawyer that you have over stayed and you were all ready through your moms marrige refused I,m guessing a K4 visa. I do know this that if there have been problems with past aplications that they look extra hard and double check everything on any applications that they recieve after that.
You might consider getting married in the USA and then wait 2 years in France and then apply for the k3 visa. Be sure to doccumment the relationship from the start with photos phone bills and anything else you can find that shows that you had a two year relationship and then got married. Then if you are married in the US it will be hard for them to say that this is a scam. I do not everremember hearing or reading that convicted crimnals cannot fall in love and get married.

You might also consider starting a family right away after you are married, an anchor child that is a legal US citizen with the marrige I believe would give you some extra reasons to be admitted and granted legal immigration status. Good Luck! Thank you, I wouldnt be able to go back to France considering I dont know anyone over there and dont speak the language anymore. But I remember reading that if youre married (Which is what my mom did) you can readjust your Visa but Im not sure if his criminal record would affect anything. And thank you, we are already planning on having a child so Im hoping that everything goes well.

Did you enter the US with an actual visa stamped in your passport by a US embassy, or did you use the visa waiver program? It makes a big difference with your eligibility for a green card.



Thats not true. In general, you cant apply for yourself, and in the few cases where you can (e.g. asylum, spousal abuse, extraordinary ability), you dont need to be 21.

You said youre 18 ... are you less than 180 days past your 18th birthday? If yes, that opens up other possibilities.


You were in France until 9 years old, but you dont speak French? We came here with an actual stamped Visa, and for my birthday Im turning 19 June 26th and yes I forgot how to speak French because when I came here I only spoke English and I was very young. So it faded as the years passed.