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Dream Act benefits received successfully, now wants to apply for a green card, but she came through Mexico. Possible?

Houston, TX |

The first time she arrived by plane. The second time, she crossed the Mexican border (gave her finger prints at the border). She received immigration benefits from the Dream Act law. Is she eligible to apply for a green card based on her marriage to a U.S. citizen? Thanks.

Attorney Answers 4

Posted

There is no Dream Act. Assuming she received Deferred Action for Childhood Arrivals, the marriage to a citizen is a different matter altogether. Generally, people married to U.S. citizens can apply for green cards. She and her husband should meet with an immigration attorney in her area to discuss eligibility and procedures. Good luck.

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Posted

Possibly, not enough information to give a definitive answer. Were both entries legal?

The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.

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7 comments

Asker

Posted

First entry legal. Second entry not legal. She currently has a social security and work permit.

Pablo Husayn Nossa

Pablo Husayn Nossa

Posted

During her first trip, did her family overstay or did the leave prior to the expiration of their authorized period of stay?

Asker

Posted

They did not overstay.

Pablo Husayn Nossa

Pablo Husayn Nossa

Posted

Ok, then she has a single illegal entry and will either need a waiver once the I-130 is approved or she gets advance parole based on daca, leaves and is re admitted on advance parole and then she could adjust status. Either way it will be a a year to 18 months before she can get residency. Both are fairly tall orders.

Asker

Posted

Ok. Thank you. She is scared to apply because when she entered illegally for the 2nd time, she gave her fingerprints at the border. But apparently, there were no problems when she applied for the Deferred Action for Childhood Arrivals since she received the immigration benefits.

Pablo Husayn Nossa

Pablo Husayn Nossa

Posted

You should really take the case to an immigration attorney to review. Do not file anything until you have done so and it would be in your best interest to have an attorney assist in the process. Good luck.

Asker

Posted

Thank you so much. I may just bring the whole file to you for a review. Do you provide free consultations? If there is a fee, please let me know how much. We could also discuss your other fees. Thanks again.

Posted

Whether she can apply for a green card depends on if she entered the US legally. It would be best to bring all paperwork to an immigration attorney.

Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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Posted

I agree with my colleagues. If she entered the U.S. legally, then it is possible that she is eligible for adjusting her status. We need more information.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions.

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