I am married to a u.s citizen My i-130 has been approved i wanted to know what options do I have to get my residency?

Asked almost 2 years ago - Houston, TX

I qualify for the deferred action and Obama waiver . i have never left the United States I came in illegally 15 years ago I have 3 children with my husband

Attorney answers (7)

  1. Karen-Lee Pollak

    Contributor Level 19

    5

    Lawyers agree

    Answered . If oyu entered unlawfully you should file the provisional waiver on March 4, 2013 and the I485 and work authorization. and other supporting documents. I suggest oyu hire an attorney to assist you.

  2. Alena Shautsova

    Pro

    Contributor Level 20

    4

    Lawyers agree

    5

    Answered . New Provisional Waiver will probably help you guys. See an attorney for a detailed consultation. Good luck!

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  3. Brian Rhodes

    Contributor Level 10

    4

    Lawyers agree

    Answered . Unless you have a prior petition filed before April 30, 2001, or were the derivative of one filed for your parents, then you will not presently be able to get your residency within the U.S. You may still be able to get it through a consular process, but unless you have a criminal record, you can apply for a provisional hardship waiver. You can also apply for deferred action. You have many options in your case, and I would recommend seeking an attorney to go over your options and determine the best course of action. My office handles these matters, but you can also contact any of the other qualified attorneys found on AVVO. Good luck.

    BRImmigrationLaw.com: This is not legal advice as many facts are still unknown, and an attorney-client... more
  4. Susham Mahendra Modi

    Contributor Level 7

    4

    Lawyers agree

    Answered . I agree with my colleagues. You might be able to obtain an I601 provisional waiver for the Adjustment Application based on the filed I130 if you can show extreme hardship if returned. Another alternative to look into is to see if you filed the I130 before April 2001 as my colleagues mentioned. Lastly, I would very seriously inquire into whether you are eligible for deferred action for childhood arrivals as that might be better alternative to pursue first since if you file the adjustment application and it is denied you might be placed in removal proceedings. Please consult with a competent immigration attorney, by looking at their AVVO profile, CV, work experience, licenses, affiliations, etc. My office handles these types of cases and sometimes offer a free consultation on these matters. You may look at my AVVO profile for more information.

    No attorney-client relationship is created or implied by this communication in any way. Consult a competent... more
  5. Dean P Murray

    Contributor Level 18

    4

    Lawyers agree

    Answered . I agree with Attorney Pollak. Consult an immigration lawyer as soon as possible. Many of us offer consultations without charge. It is not worth going this alone. Immigration law is complex and the stakes are high. Find an attorney whom you like and trust.

    If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
    ---------------------------
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  6. Samuel Patrick Ouya Maina

    Contributor Level 19

    4

    Lawyers agree

    Answered . Consult with an attorney. You may be 245i eligible. Failing that you may be able to apply for he provisional waiver

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  7. Chong Hae Ye

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . I agree with my colleagues, speak with an immigration attorney.

    The information on this website is not intended to be legal advice.

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