QUESTION

Can I adjust my status if I married a citizen?

Asked on Oct 28th, 2013 on Immigration - California
More details to this question:
I had a green card and got a felony conviction and deferred action. Can I adjust my status through marriage with a U.S. citizen?
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5 ANSWERS

You can try.
Answered on Oct 29th, 2013 at 8:09 PM

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Sexual Harassment Attorney serving Brooklyn, NY
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Not a simple question. You need to meet with an attorney and present all relevant documents.
Answered on Oct 29th, 2013 at 7:55 PM

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Adebola O. Asekun
Unless I misunderstand you, some of the information you provided appear to be implausible, at least to me. First, a felony conviction is a statutory grounds to approval of relief under DACA (deferred action) But it is possible for you to ask to be placed on "Deferred Action category" (c.14)which is a separate matter entirely. In such instance, DHS may place your case under Deferred Action status and then, upon showing of economic necessity, it may issue you a work authorization. Next, with respect to your inquiry whether your marriage to a US citizen may allow you to adjust status, please note that if you were previously a green card holder, your subsequent conviction for a felony may bar you the right to adjust status, nothwithstanding your marriage to a US citizen. Depending on a number of things, including the nature of the felony; the status and class of your initial admission to the US and the controlling circuit law of your residence,adjustment may still be possible. But this is a matter you must approach only with the assistance of an experienced immigration attorney and who, you must ensure has all your criminal and immigration records.
Answered on Oct 29th, 2013 at 1:58 AM

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Rebecca T White
A careful review of your criminal conviction and immigration history would be needed to determine if that would be an option for you. It may be that you could do so with a waiver. Or you may not be eligible.
Answered on Oct 29th, 2013 at 12:33 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is possibly, depending on what you were convicted of.
Answered on Oct 29th, 2013 at 12:27 AM

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