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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 .

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Attorney answers 4

Posted

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.

www.myattorneyusa.com; email: info@myattorneyusa.com; 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.

Asker

Posted

Yes, its DACA (sorry); Since DACA isn't a path to perminant residence, then does she have to file i-601, i-485, or i1-30?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

If she qualifies for a provisional waiver, then 601A - yes, I-485, no.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

By the way, I see my question was the best, why not to mark it so? Thank you.

Posted

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.

Asker

Posted

Yes, she got a deferred action. Dr. Jacobson, does she really have to leave the country? Is there a form or law that allows her to get her permanent residency without leaving the country? Thank you.

Asker

Posted

Yes, its DACA (sorry); Since DACA isn't a path to perminant residence, then does she have to file i-601, i-485, or i1-30?

Laura Justine Jacobson

Laura Justine Jacobson

Posted

If she didn't enter lawfully, then she almost certainly has to leave the country under current law. An exception would be if someone filed a petition for her before April 20, 2001, which would qualify her to adjust here under an old law called 245(i). If that's not the case, though, you'd have to petition for her with the I-130 and then go through consular processing. That's the point when you would file the I-601 waiver. If she has to leave the country, you wouldn't use the I-485 at all. I strongly recommend you talk to a lawyer before starting the process, though. There are many factors in her immigration history that could affect her application, and a lawyer needs to review the case in more detail to be able to tell her what her best option is. If she needs the I-601 waiver, I highly recommend you have a lawyer help you with it, because that is a difficult and complicated application. Good luck!

Posted

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 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

Asker

Posted

Yes, its DACA (sorry); Since DACA isn't a path to perminant residence, then does she have to file i-601, i-485, or i1-30?

Posted

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!

www.azitalaw.com - 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.

Asker

Posted

Yes, its DACA (sorry); Since DACA isn't a path to perminant residence, then does she have to file i-601, i-485, or i1-30?

Daniel Warren Thomann

Daniel Warren Thomann

Posted

Typically, the process begins with you filing an I-130 for her, but I really think you should talk to an attorney first to make sure you have a feasible plan and are following the correct steps for that plan. This is because the steps can be very different depending on your her situation. For example, in some cases it may be a good idea to request a travel document first, in some cases you might be able to file the I-485 at the same time as the I-130, in some cases you may not need an I-601, and in some cases you may not be able to file an I-485 at all - it really depends on the details of the case, and most cases are different in ways that can seem small but are actually very significant.

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