QUESTION

If I'm under the DACA law and I'm married to a US citizen, can he fix my situation?

Asked on Dec 01st, 2013 on Immigration - New York
More details to this question:
I came to this country when I was 7 and I'm currently 25. My parents brought me here with my cousin's documents and been living here since. I got my DACA approved but was wondering if my husband (a US citizen) can help me get a green card? What are the chances of me getting approved for a green card through him?
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6 ANSWERS

No, under the current immigration laws, you are not eligible to get a green card even though you may be eligible for DACA.
Answered on Dec 06th, 2013 at 12:39 PM

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Because you entered the U.S. without a visa, you cannot receive a green card just on the basis of your husband's immigrant petition. In your case, the process is more complicated and involves obtaining a waiver of your unlawful entry and unlawful presence in the U.S. Your immigration attorney would have to carefully weigh many details of your personal history and family situation before he/she would be able to tell you whether your chances of success are good enough to start the process now - or wait until the Congress would change the immigration law and see if you would benefit from the reformed law.
Answered on Dec 03rd, 2013 at 8:18 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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If you have no criminal record or are otherwise inadmissible, you should be able to get your green card through your husband. 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. (S)he 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 Dec 03rd, 2013 at 3:38 PM

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Immigration Attorney serving Downey, CA at Herrera & Juelle LLP
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Yes, there are two ways you can get your residence through your US citizen husband: (1) you can apply based on your entry with your cousin's papers, and (2) you can travel on an advance parole (which you can get since you have DACA) and after you travel outside the US and re-enter, you can file through your US citizen husband.
Answered on Dec 03rd, 2013 at 3:37 PM

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Immigration Attorney serving Torrance, CA at Marie Michaud, Attorney At Law
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I have been successful in getting an advance parole (permission to travel outside the US), then filing for adjustment upon return to the United States.
Answered on Dec 03rd, 2013 at 3:34 PM

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Sexual Harassment Attorney serving Brooklyn, NY
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Yes, you can get an adjustment of status, but you need to see an attorney to figure out how you will be doing it. You need to get an advance parole and travel outside the country and come back, plus you need to make sure there are no other issues.
Answered on Dec 03rd, 2013 at 3:33 PM

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