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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?

Houston, TX |
Filed under: Immigration

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

Posted

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.

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Asker

Posted

Can I apply for the deferred action and than once it is approved apply for a permit to leave and come back to the u.s legally and get the residence through my husband?

Posted

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 relationship has not been created.

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Asker

Posted

Can I apply for the deferred action and than once it is approved apply for a permit to leave and come back to the u.s legally and get the residence through my husband? I have no criminal record

Brian Rhodes

Brian Rhodes

Posted

You can only apply for advance parole if there is an emergent need for you to leave the country.

Asker

Posted

Can a lawyer get my advance parole that way when I come back into the u.s I enter legally and are able to get my residence

Brian Rhodes

Brian Rhodes

Posted

I believe that issue is still undecided. However, even if you could, you cannot request for advance parole simply for that reason. You still need an emergent need to leave the country, otherwise an advance parole will not be granted.

Posted

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.
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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 on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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Posted

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, Suite 707 San Francisco, CA 94104

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Posted

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 be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

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Posted

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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Posted

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 immigration attorney.

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