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Will Obama's Executive Order apply in the situation when a wife can not remove her conditional status and ends up in the immigra

Las Vegas, NV |

tion court eventually. How is that new law affect people who have been petitioned for a marriage green card and how specifically it applies to the ones who get denied their I-751 removal and end up being out of status. Will that new law help such cases, because if you are out of status it means you're illegal and that law does apply to the illegals. Could you please comment on this specific case

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Attorney answers 4

Posted

This is a policy (not law) that has been custom tailored to alleviate some of the pain of "illegals" who were brought here while children, thorough no faint or choice of their own.

I do t think you'll have to come as low as to renounce our green card status a d simply request DACA status. I do not even think you'll be able to do that. Just hire a competent immigration lawyer to get put of this mess you're in .

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.

Posted

First of all, The President's Order is not a new law. Now, either prosecutorial discretion or administrative closure are matter of discretion. Very difficult to anticipate what could happen.

Posted

There is no new law for immigrants. There is no one on the horizon either. There is a talk on Capital Hill and by the Administration about some kind of an attempt to pursue a comprehensive immigration reform this year. There is though a change in the regulations called Provisional waiver which allows immediate relatives of US citizens to seek an inadmissibility waiver for an overstay or EWI provided a number of specifically listed requirements are also met.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

Whether or not removal proceedings will be commenced is and always has been a matter of discretion. There are new directives regarding not placing low priority individuals in removal proceedings. The law remains the same. I cannot comment on this case because I do not know the facts.

An exceptional AILA immigration attorney with 22 years of experience who can be reached at 801 656 9605.