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Can I fix my legal status through my husband here in the us what are my chances to stay n not be banned for 10 years???

Buena Park, CA |

I was brought here as a child..I'm marry with a us citizens and have 2 kids now.
my mom came here legally with a passport But not me.
Thanks in advance .

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Attorney answers 4

Posted

You may be eligible to file for adjustment of status without departing the US if you were admitted to the US in a "procedurally regular" fashion pursuant to case law. If you were not or cannot possible prove that you were, you would have to depart the US to apply for an immigrant visa based on your husband's petition. Note that you would face a 10-year bar due to your "unlawful presence" in the US, however, you may file fro a Provisional Waiver of that bar prior to departing the US as the "immediate relative" of a US Citizen. You should discuss this case with an attorney as soon as possible.

Asker

Posted

My mother came here first ...I never had a passport or any legal paper when first came here. I heard of the provisional waiver I do have custody of my first child but can't take him out of the country nor the state ....and if I'm granted DaCA can I still file through my husband?

Posted

We need more information; did you have your own passport? Was any petition ever filed with your name on it? What country are you a citizen of and have you left the U.S. since you entered? You may qualify for Deferred Action for Childhood Arrival. You should definitely speak with an immigration attorney who can assess your case in greater detail and possibly find a path to lawful permanent residency. You may also want to wait for immigration reform to see if a path to citizenship opens up.

Please consult an immigration attorney. This does not constitute legal advice.

Asker

Posted

My mother came here first ...I never had a passport or any legal paper when first came here. I heard of the provisional waiver I do have custody of my first child but can't take him out of the country nor the state ....and if I'm granted DaCA can I still file through my husband?

Posted

You definitely need to consult with an immigration attorney. If you came as a minor (especially if you came with your mother), you may have actually entered legally and that would make a huge difference in your case.

As for "chances," no good attorney will ever give you odds and/or make guarantees because your case depends on many factors, including the human factor (officers, sometimes judges), and that can never be accurately predicted. An attorney can tell you what options are available to you, the risks associated, and possibly give a recommendation, but the goal is to give you sufficient advice so you can make an informed decision and, should you choose to, take known risks as necessary.

The quick answer is that "yes" you can probably "fix" your status through your marriage, but there are many things (membership in groups, criminal history, etc.) that can make you ineligible for a green card/residency.

For these reasons, you should consult with an immigration attorney before you submit any applications with USCIS/Immigration. Consult with 2 or 3, similar advice would be solid legal advice, differences would be individual attorney strategy or incompetence. Select one you feel most comfortable with. If money is an issue, contact a local area legal aid or similar non-profit offering free/low fee immigration legal services. Absolute best of luck to you and your family.

Asker

Posted

My mother came here first ...I never had a passport or any legal paper when first came here. I heard of the provisional waiver I do have custody of my first child but can't take him out of the country nor the state ....and if I'm granted DaCA can I still file through my husband?

Kara Lien Roberts

Kara Lien Roberts

Posted

The reason you will not get answers to your questions at this point is because it is too close to legal advice (your question is much more narrow and to answer would require full legal analysis of your case which requires ALL facts - just not possible or appropriate on a site like this), not just legal information. Any answers might be misconstrued as telling you that you should do something and if that resulted in any harm to you, that (1) would make the person who told you so feel terrible and (2) puts that person's license at risk. The only way you are going to be certain of your options is by consulting with an immigration attorney. You need to be certain of what options are available to you (what if you have other options you do not even know about? You are trying to guide yourself through a VERY complex area of law and I very much recommend you NOT try this alone or have preconceived notions of how to accomplish your goal - you tell an attorney your goal, they help you figure out how to get there) and make a decision based on that.

Posted

It sounds like you will at a minimum qualify for DACA - depending on your age when you entered the USA - or a provisional waiver through your husband. You will need to consult with an experienced immigration attorney to determine your best procedure to follow. It may be that you can qualify for DACA so that you will receive employment authorization and be able to get a driver license. Once you get DACA you can pursue a provisional waiver or any other means of adjustment available to you.

Asker

Posted

My mother came here first ...I never had a passport or any legal paper when first came here. I heard of the provisional waiver I do have custody of my first child but can't take him out of the country nor the state ....and if I'm granted DaCA can I still file through my husband?