ewi... marrying a us citizen giving us any chance of green card

Since we are approved or in the process of being approved, is it possible for people entered without inspection become permanent resident by marrying a us citizen? I know that ewi personal cannot have any legal status without something signed before 2001 as far as what my lawyer was saying. Has anything been changed after daca?

good question, I'd like to know the answer as well

EWI can marry U.S. Citizens and adjust their status with the new Provisional Waiver. EWI are no longer subject to the 3/10 year ban, just like VISA overstays.

https://www.federalregister.gov/arti...iate-relatives

http://shusterman.com/2013/01/i-601a...aiver-faq.html

This attorney has a good video. He does recommend you don't file right away though.

Does anyone know if someone gets approved for DACA, gets approved for Advanced Parole, and re-enters the United States, if it accounts for Entered with Inspection and can adjust status? I remember the girl who traveled to Mexico then when she re entered her documents stated that she entered with inspection...but Idk if she adjusted her status or not. Any news?

Yes, I believe that's possible. I remember reading someone under TPS who did that, but as you may or may not know, that's not necessary anymore since the new waiver came out which basically allows EWI to adjust their status if they are immediate relatives.

The process of an immigration benefit to an immediate relative spouse has nothing to do with a pending or approved application for "Deferred Action" for Childhood Arrivals.The basis for if one can "adjust status" or not is completely dependent on how they entered the United States legally OR if they are under 245i in order to adjust.If you have not entered legally you still must return at some point during the process even with the Provisional waiver....unless the individual has somehow used Advanced Parole to leave and then re-enter legally in order to adjust inside the United States.
It should be technically possible irregardless of your current status.As mentioned prior,The only thing preventing an EWI from adjusting within the United States is if they entered legally or not.

I know that ewi personal cannot have any legal status without something signed before 2001 as far as what my lawyer was saying.[/quote]

the 245i is what you are referring to in regards to filing before April 01, 2001. this basically means that for those who filed before April 01, 2001, when they are able to adjust their status, they will NOT have to leave the US in order to do so.

since your spouse is a USC, i would recommend that you file an I-130 Relative Petition along with the I-485. Once your I-130 is approved, I would then file the I-601, not the I-601A. this, if approved, will left the ban that could occur when you leave the US in order to obtain your visa.

if i were you, i would contact a true immigration lawyer to help with all this.

back when i tired to apply for Family Unity, i used a lawyer at Catholic Charities (in CA) and she was the best lawyer that i had talked to in 12 yrs of dealing with my immigration case.

hope this helps.

1. EWI people cannot adjust status within the country unless you qualify for benefits under 245i. Ie have had an approved petition submitted for you prior to the 2001 deadline and can prove you were physically present after 1998 but before april 2001. Or were a beneficiary of a petition. For instance you where a minor when a petition was filed for your parents. Also if a petition was filed before 1998 you do not have to prove physical presence.

2. The 601 waiver and the 601A(provisional waiver) are in some sense the same, except that the new 601A will allow you to file it while with in the country if you have an immediate visa available to you. Whereas the old 601 waiver, you must leave the country before applying for the same waiver. Both however require you to leave the US, difference being one you wait for it to be approved or denied while in the US(601A) while the other your wait is back in your country of origin (old 601 waiver).

Honestly, stop reading this forum and go seek out an attorney if you are ready for this process. If this is just for general information, then please disregard this post.

Ultimately, we cannot help you through the process. You should not think that marriage based AOS is as simple as filling out the DACA form. Please seek legal counsel if you are ready to begin this process. There are plenty of attorneys that offer free consultations. Also, make sure you go to atleast 2-3 (you can check avvo.com or martindale for lawyer reviews). Best of luck!