If your husband has a high school diploma or a GED and has been here for 5 years and was in the U.S. on HJune 15th and was under 16 at his arrival in the US (and it sounds from your question that he was) and he is under 31 now and has the requisite record, he may be eligible for the 2 year status (DACA-Deferred Action for Childhood Arrivals) that President Obama announced on June 15th, 2012. DACA is NOT an actual non-immigrant or immigrant status. It is just a two year reprieve from any government proceeding and will provide your husband with work authorization. If he entered the country legally he may be eligible for permanent residency if you are a citizen and can meet all of the other requirements. I would consult a qualified Immigration Attorney . Good luck.
Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 www.debbiklopmanlawoffice.com firstname.lastname@example.org 718 622 1208 This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship
He may be eligible for the Deferred Action for Childhood Arrivals program, but you should bear in mind that, at best, this is a temporary status. Whether that may at one point lead to permanent status, will depend on what happens with Immigration Reform. Also, it may be possible for you to apply for his green card, but he will need a waiver. Depending on the outcome of currently pending regulations, he may be able to submit this waiver without leaving the U.S. You should schedule a consultation with an immigration attorney to discuss these options and any others that may be applicable to your case.
Schedule an in person consultation to discuss his eligibility for DACA and to discuss a waiver because he will need one. As stated, there are pending regulations on the processing of waivers.
This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
DECA may be a provisionally available fix, yet, bear in mind that Deferred Action is a temporary provision that will not confer any prospective legal status in the United States. Invest in meeting with a professional immigration attorney to contemplate all available options so you can make an educated decision.
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It sounds as though he can apply for DACA. If you want a permanent solution, which I am sure you do, consult an immigration lawyer and discuss your case in detail. Good luck.
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