1. Obama's action is a policy and not a law.
2. USCIS has yet to announce how the application process will be carried on.
3. I will be updating http://engnishimura.com/faqs/deferred-action-young-immigrants as details become available.
4. Obama's policy does not provide immigration status. It only prevents qualifying individuals from being deported and may provide them with a work permit.
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.
It depends on how old your fiance is whether the new policy will apply to him. If it does, it does not grant him resident status. Consider meeting with an immigration attorney for a consultation so that they can explain the law to you and you can understand what you are up against.
FREE CONSULTATION ON IMMIGRATION AND DEPORTATION MATTERS Contact: Law Offices of KiKi M. Mosley 208 S. LaSalle St. Suite 1400 Chicago, Illinois 60604 773-501-2039 firstname.lastname@example.org 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. email@example.com
The best approach is to schedule a consultation with an immigration attorney. There is more information needed to assess his situation. Did he have permission to enter the US? What is your status - US Citizen? How many years has he been in the US? Does he have any other immediate family members in the US that have a green card or are US citizens? Did any family members with status apply for him? Has he been in the US for more than ten years? Do you or your child have any significant health issues? All of these questions are important - the answers will help determine what the best approach is. Under no circumstances should he leave the United States without consulting an experienced immigration attorney. Any departure from the US now will trigger a ten year bar to re-entry. Such a bar may be overcome if the right circumstances exist.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
Your fiance seems to qualify for deferred action under the new policy if he is under 30. Contact us if you want to follow up.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
It would be a mistake to assume that the new law presents the best option for you and your husband. Other options may be available that are actually better. Before getting married and planning your future, it is highly recommended that you contact an immigration attorney.
One such option that may be available is the option of the I-601 waiver of unlawful presence, which would actually grant a Permanent Resident status (Green Card) rather than just a temporary relief from deportation and work permit. This would put one on the path to citizenship. Whether this is available or not depends on many factors.
Dhenu Savla, Esq.
P.S. - To read more about I-601 waivers of unlawful presence, visit www.swagatusa.com/educational-materials
Without going into all the Obama policy basics, here's the simplest solution:
Assuming you are a permanent resident or citizen:
Marry your fiance, file a petition, get it approved, and seek to adjust his status.
If all is well, and he qualifies, that would be easiest.
Naturally, many factors apply, so hire an attorney to get him a green card. But not without a marriage if you want to help him.
Raheel Shahzad, CPA, Attorney at Law
The above is not legal advice, but information based on limited facts presented. You may or may not qualify. Seek legal advice from an attorney before making any decision.