QUESTION

I came here illegally I married a US citizen but I’m not sure if I should apply for deferred action or through him?

Asked on Jan 08th, 2013 on Immigration - Colorado
More details to this question:
I heard my husband would have to prove extreme hardship what’s considered extreme hardship? I don’t want to leave the country I have a 5 year old and currently pregnant I need to know if I should apply or just do the differed action for now?
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3 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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If you are married to a U.S. citizen, he can petition you for a green card without you having to apply for deferred action. Also there is no information given to determine that you would qualify for deferred action. I strongly 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 Jan 14th, 2013 at 2:58 PM

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If you entered the US without inspection, you cannot adjust your status without proving extreme hardship. You should consult an immigration attorney about that. If you entered before your 16th birthday, you may qualify for deferred action, which will provide work authorization but no other legal status.
Answered on Jan 11th, 2013 at 12:11 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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There are BIA cases that define "extreme hardship." Matter of Pilch, Matter of Anderson and Matter of O-J-O. You need to consider the timing of things since you are pregnant. Deferred action, if approved, allows you to stay in the U.S. but if you do consular process and the provisional waiver, you can get permanent residency.
Answered on Jan 11th, 2013 at 12:11 PM

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