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I am applying for the Deferred Action for Childhood Arrivals Process but am married to a US Citizen. AM I STILL IN LIMBO?

San Francisco, CA |

Has an approved i-130
Has an approved i-765
i-485 Petition for Adjustment of Status/ Residency was denied

Attorney Answers 5


Deferred action give you no status, and is not a path to citizenship. Whether you can adjust status depends on why the I-485 was denied.

You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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I agree with Mr. Ferrari. The deferred action program will not give you a path to residence. What is important is why your I-485 application was denied. I would strongly suggest that you consult with an experienced immigration attorney for assistance and guidance.

Good luck!

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.

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Yes, still in limbo. Why was the i-485 denied?

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Deferred action does not provide you with a green card. You will be able to work here. The formalities will be released on Aug 15. Assuming you qualify and obtain such 'relief,' you will have to renew it every 2 years.

You should have an attorney look at your denied I-485. First, timing is key. If an attorney believes you have a good chance at successfully appealing the denied petition, I would try that since that is your way of getting a green card.

Second, you should have received a letter stating why the I-485 was denied. Insufficient evidence? Many are denied because people fail to produce sufficient evidence per a RFE (Request for Evidence). If that's the case, you might be able to overcome this denied petition by producing sufficient evidence.

You should speak to an attorney and then determine what your best options are. Best of luck!

Peter Kyung, Esq.
Carson & Kyung, A Law Corporation
(916) 241-3336

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I agree with my colleagues. Good luck.

Otis C. Landerholm, Esq.
San Francisco Immigration Attorney

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