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Hello, My wife got her visa now; can she now become a permanent resident? If so, does she have to leave the country?

Chicago, IL |

I petition for her and got her approved for the dreamers visa . We're are confused about i601 and i485 , which one corresponds to our situation ? Thank you .

Attorney Answers 4

  1. Best answer

    I assume she has not arrived into this country with a valid visa originally. If this is the case, no. there is no dreamers visa only dreamers stay of execution. It does not give her a valid admission which she needs to adjust.; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.

  2. It's unclear what you petitioned for. By "dreamers visa" do you mean your wife got deferred action? That is the new program announced last summer for people who arrived as children to get a two-year work permit. If that's what your wife has, there is no way for her to become a permanent resident through that.

    If you are a US citizen, you can petition for your wife with an I-130 family petition. Whether she qualifies for the I-485 or has to return to her country will depend on how she entered. If she does have to leave the country, she will need be I-601 waiver if she's been here unlawfully for more than 180 days.

    The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.

  3. When you say dreamers visa are you referring to DACA? You can petition for her if you are a US citizen or permanent resident, whether she will have to go back home is dependent on many factors that have not been addressed here. You should consult with an attorney for a specific analysis of her case.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

  4. I agree with my colleague. There is no such thing as a "dreamers visa" - if you are referring to Deferred Action (DACA) then that is not a "visa", it is temporary relief from deportation that does not provide a path to permanent residence or citizenship.

    This does not mean that your wife will not be able to adjust her status and become a permanent resident, only that she probably will not be able to do it through DACA. You should consult an immigration attorney directly to review the details of her situation and advise you about what steps she can take to become a permanent resident and whether she will need to leave the country. Good luck! - 312.641.0771 - The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.

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