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

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

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

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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