Home > Research Legal Advice > Immigration > If I apply for deferred action, can i later apply for spouse visa?
Asked 9 months ago - Fresno, CA
Flagi got to this country in 2002 i was 14, i finished HS and i legally got married to a american citizen in 2008, we have a son who is 5 yrs old, my question is if i apply for the deffered action and get approved can i apply for any kind of visa thru my husband without having to leave the country? also, i have no criminal record whatsoever. no tickets or anything like that.
To get the green card through your husband you must either show that you entered the US legally, or that you qualify for 245(i). Deferred action does not change that.
You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
Apply for Deferred Action now. You can still adjust to another immigration status if you qualify for it on its own down the line. You should speak to a lawyer.
Best of luck,
Sanjay Paul, Esq.
www.dreamlawca.com
(888) 373-2602
*Offices in Los Angeles & Central Valley
As my colleague mentioned, because you entered without inspection (illegally), you will need a waiver of your inadmissibility (245i), before you may adjust status; a grant of deferred inspection does not change that fact; because deferred action does not grant an immigration status, it merely allows you to be lawfully present and gain work authorization.
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