QUESTION

I have the deferred action and married to a U.S citizen, will I be able to apply for a green card through him?

Asked on May 21st, 2013 on Immigration - Colorado
More details to this question:
We have been married for four years now. He just became a U.S citizen this year.
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7 ANSWERS

Deferred action and adjustment of status through a US citizen spouse are completely different and unrelated applications. Just because you may qualify for one does not mean you can for another. So, if you are eligible for adjustment of status, it is because you entered the US lawfully and overstayed and are now married to a US citizen. If you did not enter lawfully, then you may be eligible for DACA but not for adjustment of status, under the current immigration laws.
Answered on May 29th, 2013 at 10:56 PM

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Adebola O. Asekun
On the basis of information you provided, I'd say Yes that you can get a green card. Your spouse must first file a Form I-130 petition for you. As a US citizen that petition is in the immediate relative of a US citizen category s.201(b) INA. If things are properly done, an approval of your petition should come in about 8 months or even less. After the approval, you will file Form I-601 provisional waiver for unlawful presence as well as the applications for consular processing. The 601 waiver is meant to cure your unlawful presence and or your entry without inspection.EWI. In the past, you to file the I-601 waiver overseas. This requirement meant there was a risk because, if it is denied, you are stuck overseas. Under current regulations, you can file the I-601 waiver and wait for a decision while you are in the US If it is approved, you have no fear of going to your country since the issuance of your immigrant visa [green card ] is a mere formality. With request to the 601 waiver, if you already have been approved for DACA, I'd wager a bet that your 601 will be approved. Notwithstanding this, I strongly suggest that you hire an attorney.
Answered on May 24th, 2013 at 12:14 AM

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Immigration and Naturalization Attorney serving San Diego, CA
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Call us and we can discuss your case. When you came to the U.S. originally did you come with a visa or without documentation? You can obtain permanent residency in most cases but the steps vary widely depending on your original entry to the U.s.
Answered on May 23rd, 2013 at 2:03 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Yes.
Answered on May 23rd, 2013 at 2:02 AM

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Your husband must petition for you and hopefully he will have enough income to file an affidavit of support to adjust your status. You also may, probably, to go with the same through an immigration judge in the court where your case was heard and you got your deferred action. Either way will require thorough preparation and assembling.
Answered on May 23rd, 2013 at 2:01 AM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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if you entered the US without inspection or otherwise admitted lawfully, you cannot adjust your status to permanent resident unless you are 245i protected. If you were admitted by the US immigration but overstayed your visa, you can adjust your status based your marriage to a US citizen spouse unless you have other problems which are not apparent from your question. Please consult an immigration lawyer for advise.
Answered on May 23rd, 2013 at 2:01 AM

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Your spouse can file a visa petition for you, but you can only apply for adjustment if you entered the US with inspection.
Answered on May 23rd, 2013 at 2:00 AM

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