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I filed an I130 back in Dec. 2011. I am a husband of a U.S citizen, would it be a good idea to apply for the deferred action?

Garden Grove, CA |

I filed an i130 application back in december i am a husband of a U.S citizen, i came here in1999 illegally when i was 10. Went to school since then and graduated high school in 2006, do not have any criminal record. would it be a good idea to apply for the deferred action even though i have an i130 pending? . Any advice on what i should do

Attorney Answers 5


  1. If you are qualified, you should apply.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. I would strongly recommend that you speak to an attorney. I've met with numerous individuals who filed I-130's believing that their marriage to a US citizen would provide them with a green card, which is not completely true. If you qualify for a 245i exception, then you may; otherwise, your application will likely be denied.

    With respect to your question about deferred action - before deciding to do so, you should sit with an attorney to discuss the risks involved. The ultimate question is, do you qualify? Seeing as to how you're about 23 years old, it's a good start. Are you in school or do you at least have a GED? Have you been in the US for the last 5 years? Any criminal history?

    Best of luck!


  3. You should meet with an attorney as your I-130 won't allow you to adjust status in the US b/c of your illegal entry unless you are covered under 245i (prior petition on or before April 30, 2001). If not covered under the above section then you will have to go through Consular Processing outside of the US and will be required to file a waiver for unlawful presence.

    There is a proposal for a provisional waiver that may allow you to file said waiver while in the US but is still not in effect.

    Meet with an attorney in order to discuss you different options.

    Morales Law Firm P.A. 2100 Coral Way Ste 703 Miami, FL 33145 (305) 851-7856 This response is not offered as legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm.


  4. If you meet the requirements, then apply.


  5. Definitely speak to an attorney because you have a few options to discuss: 245(i); continuing with the I-130 and consular processing; the new stateside waiver process; and if you qualify, deferred action has its advantages as well.

    Best of luck,

    -Sanjay Paul, Esq.

    This is not legal advice. No attorney client relationship exists between us.

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