I was brought over to the US without inspection in 1997 only 6 months old and been here ever since. I married my husband (who was born in New Jersey) December of 2015. And we had a son May 2016. I applied for DACA I believe 2013, expiration isn’t until February of 2019. What’s the next step to becoming a citizen or permanent resident of the US? What’s the process?
1. "What’s the next step to becoming a citizen or permanent resident of the US?" Consulting with and hopefully hiring a competent and experienced immigration lawyer.
2. There is a different "process" for a foreign national who was legally admitted into the country and one who was not. A lawyer will explain how each works, the timelines, "chances of approval", and etc.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and 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.
When seeking resident status based on marriage to a US citizen after entering the US without a visa it is best to work with an immigration attorney as there are several areas of significant concern.
You'll need a lawful entry to the US using Advanced Parole or proof you are eligible under 245(i) or an I-601A waiver. To know which will work in your case requires a thorough consultation with an experienced immigration attorney. Research reputations and choose wisely. Best of luck to you!
The answers provided here on AVVO are for general information purposes only and not "legal advice". Neither do they create an attorney-client relationship. Attorney Foley has practiced immigration and nationality law exclusively since 2004 and is licensed by the Supreme Judicial Court of the Commonwealth of Massachusetts. For more information or to contact Attorney Foley directly, see her AVVO profile.
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