QUESTION
Can I still petition my husband if he was already approved for Deferred Action?
Asked on May 13th, 2013 on Immigration - Colorado
More details to this question:
My husband was recently approved for Deferred Action. We've been married since 2010, but we took the DA route because it was much cheaper. We are now doing very good financially and I want to petition him so he can adjust status. Is this possible? Also, his grandmother petitioned his mom in 1996 and he was included as the son, but because he was married to his prior wife he wasn't considered a minor anymore and only his mom was given permanent residency in 2007. His mom cannot find the copy of her petition that was submitted to prove he's included. How can I obtain that information. Please help!
5 ANSWERS
You would need to have him find a copy of the approval notice or a copy of the receipt notice even to show that his mother was being petitioned as that would be the only way he would be eligible to adjust status through you now, by showing that he was grandfathered under 245i.
Answered on May 16th, 2013 at 7:40 AM
This gets complicated, but the mother must request her immigration file. This can take time. It is unclear if all of the documents are available. There may be another way to find out additional information more quickly with your mother's consent. I strongly recommend an appointment with a competent and experienced immigration attorney before you do anything. The above is general information, not legal advice and does not create an attorney client relationship.
Answered on May 16th, 2013 at 4:39 AM
3 Awards
You can sponsor your husband for the green card even if he is in the DACA status.
Answered on May 16th, 2013 at 4:36 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
I am assuming that you are a U.S. citizen. You can definitely file for your husband, since deferred action will not get him permanent residency, only protection from removal for 2 years, at which point he will have to reapply for deferred action which may or may not granted. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on May 16th, 2013 at 2:02 AM
Real Estate Attorney serving Frisco, CO
at
The Law Office of Eric A. Fisher, LLC
Update Your Profile
If you are a US citizen, you can file a petition for your husband and he can file for adjustment of status at the same time.
Answered on May 15th, 2013 at 9:06 AM