My husband was brought to the United States illegally as a child. He has no documentation at all and never has. I have spoke with several lawyers and each of them told me he would have to leave the United States to process the application for his green card and will be subject to a 10 year ban unless I can prove hardship. So I'm wondering, if he is approved for the deferred action plan will we be able to apply for his green card with out him having to leave?
Deferred Action is temporary in nature and does not provide a path towards legalization. There is a proposed policy to allow persons in your husband' situation to file for a waiver of inadmissibility while in the USA instead of having to return to their country to file it and wait until its approved or denied; however the procedures and guidelines have yet to be released so we really don't know at this point how it will work.
Sounds two me like there are two possible answers here, depending on what you can establish:
1) Proving Hardship to overcome the 10 year ban: I'm not sure what the facts of your husband's situation is, but generally speaking, it will be hard to prove hardship for most people to avoid the 10 year ban that is a result of unlawful presence accumulating in his case. If it was going to be easy, I suspect the other two attorneys you consulted with would have advised you that you have a decent chance at it.
2) Deferred Action: It sounds to me like Deferred Action (from what we know of it thus far), would likely be a better outcome for him IF he qualifies for it. With Deferred Action, he will stop accumulating unlawful presence, get temporary residence, driver's license and social security card. It is very important for you to know however that Deferred Action is only temporary; it will not put him on a path to permanent legal residency. But that is all we know for now. You will have to revisit this issue after August 15, 2012.
*Please note this is not legal advice. Consult a lawyer about the facts of your case. No attorney-client relationship exists between us.
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