Asked 11 months ago - Chicago, ILFlag
with the new law obama passed this morning.. i am wondering what procedure to take to help my fiance. he has been here since he was 9 years old and has completed up to one year of college. has no background with breaking any law and we want to get married but are afraid to do it here..
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It depends on how old your fiance is whether the new policy will apply to him. If it does, it does not grant him resident status. Consider meeting with an immigration attorney for a consultation so that they can explain the law to you and you can understand what you are up against.
It would be a mistake to assume that the new law presents the best option for you and your husband. Other options may be available that are actually better. Before getting married and planning your future, it is highly recommended that you contact an immigration attorney.
One such option that may be available is the option of the I-601 waiver of unlawful presence, which would actually grant a Permanent Resident status (Green Card) rather than just a temporary relief from deportation and work permit. This would put one on the path to citizenship. Whether this is available or not depends on many factors.
Dhenu Savla, Esq.
P.S. - To read more about I-601 waivers of unlawful presence, visit www.swagatusa.com/educational-materials
Without going into all the Obama policy basics, here's the simplest solution:
Assuming you are a permanent resident or citizen:
Marry your fiance, file a petition, get it approved, and seek to adjust his status.
If all is well, and he qualifies, that would be easiest.
Naturally, many factors apply, so hire an attorney to get him a green card. But not without a marriage if you want to help him.
Raheel Shahzad, CPA, Attorney at Law
1. Obama's action is a policy and not a law.
2. USCIS has yet to announce how the application process will be carried on.
3. I will be updating http://engnishimura.com/faqs/deferred-action-yo... as details become available.
4. Obama's policy does not provide immigration status. It only prevents qualifying individuals from being deported and may provide them with a work permit.
The best approach is to schedule a consultation with an immigration attorney. There is more information needed to assess his situation. Did he have permission to enter the US? What is your status - US Citizen? How many years has he been in the US? Does he have any other immediate family members in the US that have a green card or are US citizens? Did any family members with status apply for him? Has he been in the US for more than ten years? Do you or your child have any significant health issues? All of these questions are important - the answers will help determine what the best approach is. Under no circumstances should he leave the United States without consulting an experienced immigration attorney. Any departure from the US now will trigger a ten year bar to re-entry. Such a bar may be overcome if the right circumstances exist.
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