What should I do for my undocumented fiancée to achieve residency and/or citizenship? I am a U.S born citizen.

Asked about 1 year ago - Massapequa, NY

She entered the United States illegally at the age of four. She graduated high school in 2011. I am 21 and she is 20 years old. We are looking for answers on where and how to start this process

Attorney answers (4)

  1. Alena Shautsova

    Pro

    Contributor Level 20

    Answered . I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . Currently, she should apply for the DACA, or deferred action program. This may allow her to get an employment authorization card. It is unclear whether she may be eligible to adjust status with a penalty unless more facts are known. It is unclear that she will need or qualify to file a provisional unlawful presence waiver.

    I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.
  3. Philip Alan Eichorn

    Contributor Level 19

    4

    Lawyers agree

    1

    Answered . Deferred Action for Childhood arrivals is an option and so will the provisional unlawful presence waiver. Retain counsel to coordinate all filings.

  4. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . At this point, her only option to achieve Permanent Resident status and/or eventually citizenship would be if she were married to a qualifying relative who would apply for a visa on her behalf. However, because she EWI, she would likely have to adjust status in her country of origin.

    While DACA might provide temporary benefits (I.e. EAD), it does not provide a path to citizenship at this time.

    Do consult an experienced immigration attorney for assistance in this matter.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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