I came to the United States when I was 1 legally and have a government issued social security card but my parents over stayed there welcome as many do altho now my mom has here green card except me and I am getting married in a year and a half but now I will be applying for deferred action in august. Will I be able to apply for a change of status? could i go to college? if i do will my college be affected?
Deferred action is not a status but since you have a legal entry back when you were 1 year old you can adjust your status to a U.S. citizen spouse whether you are on the deferred action or not. since you aren't getting married for another year and a half I recommend you apply for the deferred action now if you qualify and there are no other negative factors. Always best to have an attorney review your case and represent you in the process. If you want more information about the DACA criteria or assistance with filing, feel free to contact me.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
Consideration of Deferred Action for Childhood Arrivals Process
You may request consideration of deferred action for childhood arrivals if you:
Were under the age of 31 as of June 15, 2012;
Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since June 15, 2007, up to the present time;
Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Individuals can call USCIS at 1-800-375-5283 with questions or to request more information on the deferred action for childhood arrivals process or visit www.uscis.gov.
This area of law is complex. Call an experienced immigration attorney to help guide you through the process.
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I agree with both my colleagues.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If you came legally, you should be eligible for adjustment of status, with or without deferred action.
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.
I agree with my colleagues. Is your fiance a U.S. citizen? If she is, you may be able to adjust your status. Also, you wrote that your mother is a permanent resident. If she become a U.S. citizen, she can also sponsor your for a permanent residency status if you do not marry although you have to wait very long time to adjust your status in this way.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.