QUESTION

Will I be able to marry my fiance of 9 years and be eligible for a permanent residency?

Asked on Jun 24th, 2013 on Immigration - California
More details to this question:
I have been in the states for over 12 years, with an unlawful entry to the country. I was approved by DACA and received my work authorization card.
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5 ANSWERS

Being eligible for DACA does not mean you are eligible for a green card under the current immigration laws. The requirements are very different. If you entered the US unlawfully, even if you are married to a US citizen, you are not currently eligible to legalize your status within the US.
Answered on Jul 16th, 2013 at 9:37 PM

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Bruce A. Coane
You certainly can get married, and then you can begin the tricky process to navigate getting the green card. Perhaps a advance parole or provisional waiver will be appropriate in your case.
Answered on Jun 25th, 2013 at 9:29 AM

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You may marry your fiance notwithstanding of your immigration status. However, after the marriage, your citizen spouse will be able to petition for you as an immediate relative and you would be able to petition for adjustment of status.
Answered on Jun 24th, 2013 at 11:15 PM

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Under the law as it is today, you will not be eligible to adjust status (become a permanent resident) on the basis of a marriage to a U.S. citizen. I would, however, suggest formalizing your relationship in marriage: a) after 9 years, your commitment to each other is hard to question; b) if the law changes, being anyone's fiancee will not give you any benefits, regardless of the length of your courtship; most likely, legalization (if it happens) will be granted to spouses and parents of U.S. citizens; c) even under the present law, if your presence in the U.S. comes to the attention of U.S. Immigration & Customs Enforcement, being a long-time fiancee will give you no defense in removal proceedings, while being a spouse of a U.S. citizen might help (and the longer you are married, the stronger it speaks in your favor). Don't let your being "an illegal alien" define your life. If you are lucky enough to find someone with whom you can be together for 9 years, marry that person. It might not give you a green card; but you might have a chance of happy family life.
Answered on Jun 24th, 2013 at 10:34 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Yes, although you may have to go through consular processing.
Answered on Jun 24th, 2013 at 7:35 PM

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