Knightsen, CA Immigration Law Firms & Lawyers

You may be disqualified from filing for asylum. If you apply for asylum more than one year after entering the U. S., then you may be denied and referred to immigration court for deportation. You will have to prove with significant evidence that there are changed circumstances in your nation that allow you to file after the one year deadline. Otherwise, you can file for withholding of removal or a CAT Claim. These two other forms of relief will not give you the right to file for lawful permanent resident status one year after approval, if there is an approval. I strongly recommend an appointment with a competent and experienced immigration attorney.

In looking at the law where a child is born out of wedlock to a US citizen, I assume that your father fulfilled the physical presence requirement in the US prior to your birth, and that a blood relationship has already been established. Other parts of the law appear to require that your father agreed in writing to support you until 18 years of age, and while you were under 18, you were either legitimated, your father acknowledged paternity, or paternity was established by court adjudication. You may wish to focus on those other aspects of the citizenship law.Due to the limitations of the Lawyers.com 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.  

Probably better to be honest. Better divorce, then file alone using the waiver. (Got married in good faith but marriage fell apart through no fault of alien). She should present all available documents to show they were living together such as joint taxes, medical, insurance, bank records, rental agreement, etc.. It is always easier to gather those documents before moving out of the house. She should also include a statement how she met him, their life together, why it did not work. However, she would increase her chances of success with an experienced attorney.