Skip to main content

I'm an Immigrant married to US Citizen, which path would the best for me to get claimed by my husband or apply for Dream Act?

Aurora, CO |

I am an Illegal Immigrant brought here as a child from Mexico and have been here my whole life, I am married to a US Citizen and am wondering what path would be the best for us to take. Should my husband try to claim me or should I try to apply for the Dream Act?

Attorney Answers 8

Posted

I would look at both Deferred Action and the Provisional Waiver (depending on your criminal history). Here is why: with Deferred Action approved you can apply for a travel document. Then with the Provisional Waiver, when you leave for your interview you already have a way to get back into the country should something jump up and surprise you at your interview. Another alternative MIGHT (stress that because it is yet undecided and you don't want to be the test case) be to get Deferred Action, then get a travel document, leave, come back, and then adjust status (because then you are married to a U.S. citizen AND you have a legal entry). Interesting set of facts and options that you have...again...as always, talk to an immigration attorney giving him or her your specific set of facts prior to acting on anything.

Mark as helpful

2 lawyers agree

Posted

Good question. Valid choice. Take to an immigration attorney. It is impossible to answer on the scintilla of facts you offer.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Mark as helpful

8 lawyers agree

Posted

When your husband applies for you it will lead eventually to a green card and permanent residency. The Dream Act (Deferred Action for Childhood Arrivals - DACA) is still not law but as put into effect by the government allows for only a temporary reprieve from removal. DACA is temporary. Husband is permanent.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

Mark as helpful

5 lawyers agree

4 comments

Alexander Joseph Segal

Alexander Joseph Segal

Posted

That of course if you came here on a visa. Otherwise, you will need consulate process which may turn Mexico into more permanent than the husband, unless he would move to live there too.

Theodore John Murphy

Theodore John Murphy

Posted

Marriage to a US citizen qualifies you for a stateside waiver for any period of unlawful presence. The only difficulty will be if you are a repeat violator under section 212(a)(9)(C) or have an order of removal. If either of the two difficulties exist the law requires you remain out of the United States for a period of ten years. If there is any criminal activity on your part this will also cause difficulty. With all of that said, if there is no criminal history, no multiple entries to the US and no order of removal, the better choice is to seek permanent residency based on marriage to your US citizen husband.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Some people are confident in this new stateside waiver process. I guess, I am a pessimist. This is a difficult decision to trust that US consulate will not find last second inadmissibility grounds, which would disqualify you from the waiver. Provisional waiver is a new thing and we do not have enough statistical information to view this process as reliable. You better be sure you have NO OTHER inadmissibility grounds before you go to Mexico to process your immigrant visa on the approved I601A stateside waiver.

Theodore John Murphy

Theodore John Murphy

Posted

Agreed

Posted

You both have a tough choice to make! There are benefits to your husband sponsoring you; however, you will likely need to request a waiver for being in the country without permission. Qualifying for that is not as easy as it sounds though. Please feel free to contact me to set up an appointment.

Mark as helpful

7 lawyers agree

1 comment

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Contact Christine and set up an appointment. I refer all of the clients who contact me with immigration questions throughout Colorado to her

Posted

A immigrant visa petition filed by your husband has the potential to provide you with a green card. However, you will not be able to adjust your status in the United States if you entered the United States without inspection unless you a grandfathered under INA 245(i). You will eventually need to depart the United States and apply for your immigrant visa overseas. When you depart the United States, you will likely trigger a bar to admission. There is now a process called the provisional waiver, which allows individuals who cannot adjust status in the United States to apply for the waiver prior to departing the United States.

On the other hand, the Dream Act has not been enacted. I presume you are referring to Deferred Action for Childhood Arrivals (DACA). DACA will provide you with a stay of removal for a period of two years and employment authorization, but it does not provide you with a path to a green card.

You would be best advised to discuss the matter with an experienced immigration matter.

Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

Mark as helpful

5 lawyers agree

Posted

The best course of action for you depends on your personal situation. DACA offers a very valuable temporary solution for childhood arrivals. An individual might want to begin with DACA because it is relatively quick and inexpensive and provides one with the right to work in the United States. With DACA approval, an individual would be able to wait to see whether immigration reform will be passed and whether that immigration reform will be helpful in his or her situation.
In fact there is uncertainty with any immigration procedure. I recommend that you have a thorough discussion with an immigration attorney.
Good Luck!

Colorado 303.442.8554/New Mexico 505.819.3303/ Ms DeSeguin’s statement is general in nature, is not intended as legal advice, and should not be relied on as Ms DeSeguin does not have knowledge of all the relevant and necessary facts. The statement above does not create an attorney/client relationship.

Mark as helpful

3 lawyers agree

Posted

Perhaps you should seek Deferred Action for Childhood Arrivals (DACA), and keep an eye on immigration reform this year. DACA will allow you to get employment authorization and from that you can get a SS card and a driver's license. In all honesty, you should meet with an immigration attorney to fully explore the facts of your case to determine whether you are eligible to adjust your status in the U.S., and, if not, whether you can establish hardship for a waiver.

No attorney-client relationship is formed from this communication.

Mark as helpful

2 lawyers agree

Posted

You definitely need to speak to a qualified immigration attorney. I know you stated you are an illegal immigrant, but how did you enter? If you entered with a visa then you have the option of adjusting status in which case, you will not need to apply for benefits under DACA. However, if you entered illegally, then I would begin the immigration visa process and simultaneously apply for benefits under the so called dream act. The immigrant visa process can take up to a year and that includes the time you will wait while your provisional waiver for unlawful presence is pending. I'll repeat this, see an experienced Immigration Lawyer and he can provide more details.

Mark as helpful

1 lawyer agrees

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics