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Does President Obama's new policy regarding Illegal Immigrants override previous laws ensued on illegals married to US citizens?

Elgin, IL |

I had learned through this site that when an Illegal marries a US citizen, if the Illegal was in the US for over a certain period of time, he/she would have to return to Mexico for up to ten years. However, I learned of the new policy that President Obama just presented allowing Illegals who are between the ages of 16 and 31 years of age and meet other credentials can be given a "two-year amnesty". If an Illegal marries a US citizen and meets all the credentials of the policy, will the policy Obama enstated override the previous laws ensued on an illegal marrying a US citizen?

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Attorney answers 6


No, the 3/10 year bar if alien spouse came here illegally is still in effect.

The qualifying alien, however, who meets the Deferred Action requirements and whose Consideration of Deferred Action for Childhood Arrivals petition is approved, will be given the opportunity to live free from fear of deportation and allowed to work legally in the United States for a period of two years, subject to renewal.

DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.


No. It will not. The 3 and 10 year bars remain in effect.

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.


The policy is not a law and not an amnesty. It is merely a temporary decision by the government not to remove certain individuals from this country for a specific period of time. It does not create any kind of permanent relief, and and does not override any existing immigration laws, including those relating to the 3yr and 10 yr bars for unlawful presence.


I agree with my colleague.


My personal professional assessment of DECA is that measure has been proposed as a politically motivated temporary solution that will eventually create a whole category of people physically remaining in the United States in a de facto state of limbo.

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No, the new policy does not override the 3 or 10 year bars. Furthermore, it is not a "2 year amnesty" and it is not a law. It is merely a policy that allows a person who meets specific criteria (such as entering the US before age 16, having resided in the US for the past 5 years, who either has graduated from school or is enrolled in school, etc.) to apply for "deferred action" which will prevent them from being subjected to deportation for a period of 2 years. Also, it will allow them to obtain employment authorization to work legally. However, it will NOT give a person legal status. If you have any questions about your particular situation and whether you should apply for not, I encourage you to contact an experienced immigration attorney for consultation. Good luck to you!

FOR CONSULTATION on IMMIGRATION or FAMILY LAW MATTERS Contact: Law Offices of Jennifer L. Bennett, 312.972.7969,, 3806 W. Irving Park Road, Suite B, Chicago, IL 60618. 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 advice specific to your situation and/or case. The statement above does not create an attorney/client relationship. Answers on Avvo are only general in nature; specific answers require knowledge of all facts.