QUESTION

hi i just wanted to know if i can petition my husband he was denied political assylum along time ago. We have been together for a long time we have

Asked on Dec 10th, 2015 on Immigration - Idaho
More details to this question:
we have kid together. we are not legally married. But we live together is there any way i can do something for him without him leaving the country.Also is dapa still in affect. Please help me
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
DAPA is unfortunately still being held up in court proceedings. It has not yet been implemented. Currently the case is before the Supreme Court which is expected to rule in January whether it intends to put it on its docket for this term. Without being married legally, you would likely not be able to assist him. Even if you petition for him assuming that you get married, his case may have complications dependent upon whether he was denied asylum by an asylum office only or by the immigration court and whether he entered the country legally. The best situation would be if you were a US citizen, your husband entered legally, and he was only denied by an asylum office and does not have any proceedings with the immigration court. In that case, he might be able to adjust to permanent residence in the US without leaving. Otherwise his case would be more complicated involving either attempts to reopen proceedings before the immigration court or Board of Immigration Appeals or his leaving the US and seeking waivers to be allowed back in. 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 Jan 09th, 2016 at 7:50 AM

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