QUESTION
Should I apply through deferred action or keep going through my husband?
Asked on May 21st, 2013 on Immigration - California
More details to this question:
I'm 31 years old. I qualify for deferred action yet I haven't submitted application because I've been married to a resident who now is a US citizen. He petitioned me back in 2010. Now we requested adjustment since he is a citizen, however the National Visa Center informed me that paper work was sent to me back in November 2011 but my attorney never told me anything. I submitted the adjustment back in March 2013 and haven't heard back from NVC. Also my mother petitioned us about 10 years ago so I thought I would qualify for 245i, but I was told I wouldn't since my mother past away 6 years ago and her case was never approved only accepted, is that true? I really appreciate your help.
4 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. If you are 31 years old, you probably no longer qualify for DACA. Your only option is to adjust through your husband. It also sounds like you need a new attorney who keeps you informed of what is going on. 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 May 24th, 2013 at 1:26 AM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Hi. If you qualify for DACA (deferred action), you should file for it. In addition, you may still qualify for 245(i) if your mother's case was "approvable when filed." Thus, you should be able to adjust via your husband's case using your mother's original I-130 filed before 04/30/2001.
Answered on May 24th, 2013 at 1:11 AM
If you are looking at deferred action, you probably entered illegally or overstayed. If that is the case you would have to leave the U.S. and complete the process through the consulate and you would have to request a waiver of the 3 or 10 year bar. If you qualify for 245(i) you could process here. It appears there are multiple things going on with your situation. You need to talk with your existing attorney or have another Immigration Attorney look at your paper work and find out what options are available to you.
Answered on May 23rd, 2013 at 11:53 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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In order to fall under 245(i), you would need to have had the petition filed prior to April 30, 2001. If you are not under 245(i), you could apply for Consulate Processing and then the Waiver of the 10 year bar assuming you are not inadmissible on any other grounds.
Answered on May 23rd, 2013 at 2:24 PM