QUESTION

can I apply for status change?

Asked on Sep 18th, 2013 on Immigration - California
More details to this question:
I have been here for 15 years, I came in this country without a visa or any way to prove it but I do have witnesses and taxes from my parents and pictures of me in Disneyland I have a daughter with a US. citizen how ever were not together, my boyfriend of 2 years IS a US CITIZEN he wants me to marry him, I'm recently applied fro D.A.C.A which I qualified, now this is where it gets complicated we got into an altercation and he bit me arm and my parents called the police, he got arrested but since his record was clean they let him go the next morning, I'm wondering if he can petition for me to get legalized in any way?
Report Abuse

2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Your boyfriend would only be able to help you if you are married and he applied for your permanent residence. There is a possibility that with the DACA grant, you might be able to apply for advance parole for humanitarian, business, or schooling reasons. A return under advance parole could possibly make you eligible for adjustment of status without leaving the country, although there has been no word (as we know) whether U.S.C.I.S. will treat the reentry under advance parole as a regular parole allowing for adjustment of status. Otherwise you could qualify under the Obama administration's other signature program, the I-601A, in which your husband would sponsor you, you would apply for a waiver of the 10 year bar for remaining in the US illegally for year while you are here in the States, and if approved, make arrangements to complete consular processing for an immigrant visa at your home consulate or embassy.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.  
Answered on Sep 29th, 2013 at 5:08 PM

Report Abuse
Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
If you get married, he can petition for you, but you will need a waiver of the unlawful presence bar, which you can now apply for from within the US.  The altercation you describe won't change anything.
Answered on Sep 18th, 2013 at 5:59 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters