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How long will the process be?

Burlington, NC |

I'm 21 years old. I've been in the USA for 18 years I came here when I was 3 years old illegal but never got arrested or have bad records. Now I have a 3 year old son and my husband is a American citizen we have been together for 6 years but haven't got married yet. I'm going to school for my GED. Can he do the petition for me. Also can the dream act help me to get my permnant residence soon? How long will it take? Do we have to be married for a long time so he can do the petition for me?

Attorney Answers 5

  1. Best answer

    you have some real possibilities. From your description it appears your well-qualified for the deferred action program for childhood arrivals DACA. This will enable you to obtain a work authorization document and may also enable you to obtain travel permission. When you are married your husband may file a petition for you and you have a couple opportunities for proceeding to permanent resident status. One of the opportunities includes the new provisional waiver process. You should begin the process at the earliest opportunity. It is likely to take 4 to 6 months to obtain DACA and the permanent resident process is likely to take between one to 2 years.


    Robert Brown LLC
    2330 Meridian Parkway, Suite 3050
    Durham, NC 27713

  2. It depends. I think the first step is to fully discuss how you entered the U.S. with those who brought you here. Recent case law has redifined a legal vs. unlawful entry and inspection. Assuming you were brought lawfully, you may want to apply for DACA, then your I-130 visa petition through your husband and see about filing an I-601A waiver. The visa petitions are taking about 5-6 months and assuming yours is granted we'd want to see whether there is a change in the law between now and then before jumping into the waiver process. Feel free to contact our office.

  3. My colleagues are correct. Do yourself a favor and meet with an experienced immigration attorney as soon as possible.

    Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

  4. To set your objectives in motions, meet with a licensed immigration counsel to devise a workable plan.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602

  5. I would agree with my colleagues. Based upon your description, the deferred action process would fit you almost perfectly. Based upon how you entered the United States, as well as a host of other factors, you may have some strong possibilities of remedying your status without having to leave the United States. You'll want to have a skilled immigration attorney review your case thoroughly and provide you with all of the different options that you can pursue before making any decisions on what specific route to take.

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