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Can I petition for my husband concurrent to citizenship application?

Neptune, NJ |

I am from South Africa, I was married to my ex-husband/American citizen for 8 years and received my green card through him after being married for a year. 7 years later we divorced. I never applied for citizenship until now (application sent on 2/18/2014). I have recently remarried and I would like to petition for my husband who has a non-immigrant status(DACA). Can I do this concurrently?

Attorney Answers 7


  1. Yes, you can file to Naturalize and concurrently petition your husband in the F-2A classification. Practically speaking, depending on when his DACA expires, you may consider waiting until you Naturalize (in 3-6 months), as at that time everything can be filed for him together. Of course, in doing that, you're betting against the F-2A becoming current prior to your Naturalization--which is a safe bet, but like everything in immigration, not a guarantee.

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.


  2. yes, you may, but I am assuming that you had your conditions removed from you conditional green card. You should discuss the matter with an immigration attorney as you don't want to be in a situation where request for more evidence comes your way.

    This advice does not create an attorney client relationship. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. A lawyer-client relationship will not be deemed to exist until such time as a written retainer agreement has been executed by an authorized representative of this firm, or until the firm otherwise agrees to and actually begins rendering services on a clients' behalf.


  3. I agree with the answers of my distinguished colleges. You need to retain an attorney with experience in divorce and immigration. Good luck.

    If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  4. Yes this is possible. I agree with my esteemed colleagues.

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.


  5. You may file concurrently, but that may not be the best thing for you to do. Also, daca is not a status allowing someone to adjust status. He may or may not be able to adjust status. You need to review this with a lawyer before possibly wasting a lot of money.


  6. No. Can not be done concurrently. Once you become a US citizen, you can petition for your husband as an immediate relative but unless he originally entered the US with a valid visa, he will have to travel abroad to obtain his permanent resident status. Since he is presently out of status, he will need an unlawful presence waiver. Recent changes in USCIS regulations, now permit him to apply for that waiver in the US and not travel abroad to the consulate until the waiver is approved. I'm located in Freehold and would be happy to meet with you to discuss what must be done to assist your husband. My contact number is 732-780-3090


  7. It is possible but an interview with both of you is necessary in order to give you a reliable answer.

    Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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