QUESTION
If I apply for deferred action but get married to my U.S citizen boyfriend next year, can I obtain residency still?
Asked on Feb 27th, 2013 on Immigration - Nevada
More details to this question:
If I apply for deferred action but get married to my U.S citizen boyfriend next year, can I obtain residency still or does it eliminate my chances? I want to apply for deferred action. I currently have a petition in with my family, my aunt filed for us in 1999, we got an acceptance letter in 2004. I am also planning to get married next year to my U.S citizen boyfriend and he wants to file a petition for me if I don't have residency yet. If I have deferred action when he files for me is that a problem? Can he not file for me if I have deferred action at the time? Will I have to wait until my deferred action expires and then he file for me? And does having a petition filed already with my family affect my situation in any way or does it help me? Also, if he files for me, will I be deported to Mexico? I was told, if you petitioned before 2001 you will not be deported, but if my boyfriend petitions for me, since it’s a different application, will I have to leave to Mexico? Or since I have been accepted with my family's petition will I not be deported even if he files for me?
5 ANSWERS
Yes, you will be eligible for adjustment of status on the basis of marriage to a US citizen since you seem to be protected under 245i by virtue of your aunt's petition.
Answered on Feb 28th, 2013 at 8:05 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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Deferred action will not affect your ability to have your husband's petition approved. If you entered the US without inspection, you will need the unlawful presence waiver to get an immigrant visa.
Answered on Feb 28th, 2013 at 7:11 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you are a beneficiary of the petition that your aunt filed for your parent in 1999, you may be eligible to apply for adjustment of status under INA section 245(i), which will allow you to apply for your green card *here in the US* through your marriage with your boyfriend even if you entered the country illegally or without inspection or are currently out of legal status. Besides the normal filing fee of $1490, you will also need to pay an additional penalty of $1000 to USCIS. When did you enter the country? Did you enter the country legally?
Answered on Feb 28th, 2013 at 6:58 PM
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If you entered with inspection and you marry your USC boyfriend then you can file for the green card in the US. If you did not enter with inspection then the only way to get the green card (possibly) is to get a Provisional Waiver after you get married. DACA will give you deferred action (and the possibility to travel). It is unsettled (in the law presently) whether you can get DACA, re-enter and marry and USC and get the green card here. However, the cases seem to be going in that direction. There are many nuances and complexities to the queries you are asking.
Answered on Feb 28th, 2013 at 8:39 AM
Immigration Attorney serving Las Vegas, NV
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Law Office of Arsen V. Baziyants
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If you apply for Deferred Action, you will be allowed to live and work in the U.S. for two years, so no, the government is not going to deport you when you have an approved deferred action. You may be 245(i) eligible - I would really advice you to bring all the immigration paperwork you've mentioned to sit down and figure out exactly what your options are.
Answered on Feb 27th, 2013 at 11:02 PM