Skip to main content

Im tryin to apply for my green card, soon ill be married to my fiancee that ive been for six years i have two boys with her

Long Beach, CA |

im 25 i return to school for my high school diploma i have no felonies, i have unpaid traffic tickets that im gonna pay by next month. my question is if im on summary probation for drivin while my lisence is suspended will that affect me? my lisense is suspended for the unpaid tickets

Attorney Answers 4

Posted

Driving while your license has been suspended will not effect oyur application but why was your license suspended. What is your current status in the USA?

Mark as helpful

1 found this helpful

6 lawyers agree

6 comments

Asker

Posted

my license was suspended for juvenille traffic tickets, my current status is illegal.

Asker

Posted

so even tho im on summary probation for that it wont be a problem?

Karen-Lee Pollak

Karen-Lee Pollak

Posted

Discuss the risks of applying ofr a green card with an attorney. It is your curtrent undocumented status that poses risks.

Karen-Lee Pollak

Karen-Lee Pollak

Posted

your unlawful status may pose problems

Asker

Posted

well what would be better to apply by the dream act or by my wife?

Asker

Posted

plus i work and i file all my taxes

Posted

No. What will affect you is your current status, how you entered the US, etc.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Mark as helpful

1 found this helpful

4 lawyers agree

1 comment

Asker

Posted

i entered when i was small i was only a few months old now im 25 so basically my whole life i been in the us

Posted

Your eligibility depends on how you entered the US.

Mark as helpful

5 lawyers agree

3 comments

Asker

Posted

i entered when i was small i was only a few months old now im 25 so basically my whole life i been in the us

Christian Schmidt

Christian Schmidt

Posted

It does not matter when you came. If you entered without a visa or inspection by an immigration official, you cannot apply for a green card from within the US. You will have to go through a Consulate and need a waiver of unlawful presence. You should consult a lawyer before you file anything. Otherwise, you may waste a lot of money and find yourself in removal proceedings.

Asker

Posted

well imma have a lwayer im just waitin till i get married next month

Posted

No. What will affect you is your manner of entry into the US.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

Mark as helpful

1 found this helpful

3 lawyers agree

10 comments

Asker

Posted

i entered when i was small i was only a few months old now im 25 so basically my whole life i been in the us

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

Did you enter with a visa? Or in your parents passport? Did any family or employer EVER petition for you or your parents?

Asker

Posted

no my aunt and uncle went for me n i pass by immigration. because i needed an operation on my two feet

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

Then I suggest you meet with an immigration attorney to review your options. You may be eligible for the upcoming I601a waiver

Asker

Posted

ok thanks which one is th 1601 waiver/ would it be better to do that or the dream act?

Asker

Posted

and do u know if tattos affect the situation

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

The 601 waiver allows for "forgiveness" of various grounds of inadmissibility, only one of which is accruing unlawful presence. From what you have said, we can assume you will need at least that waiver. Whether there are other grounds of inadmissibility for which a waiver is necessary, a real consultation with an attorney would really be best. Tattoos can be an issue if CIS believes they are gang related. Again, consulting with an attorney would be the best bet on that front as well.

Asker

Posted

thank you very much

Asker

Posted

well my tatos are not gang related

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

You are welcome. Good luck to you.

Marriage and prenups 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