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If I apply for deferred action, can i later apply for spouse visa?

Fresno, CA |

i got to this country in 2002 i was 14, i finished HS and i legally got married to a american citizen in 2008, we have a son who is 5 yrs old, my question is if i apply for the deffered action and get approved can i apply for any kind of visa thru my husband without having to leave the country? also, i have no criminal record whatsoever. no tickets or anything like that.

I entered illegally. also if its useful i'am currently in college.

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Attorney answers 5



IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


To get the green card through your husband you must either show that you entered the US legally, or that you qualify for 245(i). Deferred action does not change that.

You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

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.


I think you should take advantage and apply for deferred action for right now. Also, if you entered in US without inspection you may benefit in near future from


Apply for Deferred Action now. You can still adjust to another immigration status if you qualify for it on its own down the line. You should speak to a lawyer.

Best of luck,

Sanjay Paul, Esq.
(888) 373-2602
*Offices in Los Angeles & Central Valley

This is not legal advice. No attorney client relationship exists between us.


As my colleague mentioned, because you entered without inspection (illegally), you will need a waiver of your inadmissibility (245i), before you may adjust status; a grant of deferred inspection does not change that fact; because deferred action does not grant an immigration status, it merely allows you to be lawfully present and gain work authorization.

This response in no way establishes attorney/client privilege or relationship.