In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
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1) QUESTION: My spouse, unfortunately, came to the U.S. illegally. We married very recently. I have heard that we need to be married for at least a year before we can apply for his residency. In the meantime, can he apply for a work visa?
ANSWER: There is no requirement to wait a year after getting married before applying for an immigration benefit based upon the marriage. However, that does not necessarily mean that your husband is eligible to apply now. You should have a consultation with an immigration lawyer to see what options are available to your husband, whether there are any bars that might make him ineligible for a visa, and whether he is eligible to apply for a waiver of any bars.
2) QUESTION: My wife filed an I-130 petition. I don’t qualify for adjustment of status inside the U.S., so what are some choices I can make? My uncle petitioned for my father in 2001. Can I apply for deferred action to help me qualify for adjustment of status without leaving?
ANSWER: If you were under 21 years of age and single when your uncle filed a visa petition for your father, you may be eligible to apply for adjustment of status under 245(i). Depending on how you entered the US you may be eligible to apply for adjustment of status as the spouse of a US citizen without needing to be eligible under 245(i), and you may be eligible for DACA which might allow for a travel document which would provide options. If none of these are an option then you might be eligible to apply for the I-601A waiver.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.