Hempstead, NY asked in Immigration Law for New York

Q: My boyfriend and I are getting married. He is a US Citizen and I have Daca

He’s an NYC police officer. I work in a hospital and going to school for Nursing I also have 2 US children from a previous relationship does that affect our case in any way?

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3 Lawyer Answers
John Alexander Bates
John Alexander Bates
Answered
  • Immigration Law Lawyer
  • Bridgeport, CT
  • Licensed in New York

A: One issue to consider, if you entered illegally you may need an unlawful presence waiver. Other than this, your case seems fairly routine.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Clifton, NJ

A: This is not a complex case, but like any other immigration matter, you really need to be represented by an attorney.

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: Once you marry, your U.S. citizen spouse can file the FORM I-130 on your behalf.

The next step depends on your manner of entry into the U.S. :

(a) a lawful entry will allow you to file the FORM I-485 with USCIS;

(b) an entry without inspection will require that you process your case with the NVC and the U.S. consulate after obtaining an approval of the FORM I-601A from USCIS;

(c) if you are eligible for 245i then you can file the FORM I-485 notwithstanding an entry without inspection.

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