Undocumented Spouse and GreenCardHolder

[Ian H. 207]

I have to disagree and say that people who entered on a visa and overstayed would be eligible for deferred action. According to the policy memorandum issued by DHS, it specifies that a person with no "lawful status" is eligible. The terms undocumented and unlawful are being incorrectly interchanged in this thread for purposes of this current executive order.

Yes, undocumented means a person who entered with no documentation whatsoever. However, for purposes of the executive order undocumented is being used as an umbrella term for persons who don't currently have a lawful status. Therefore someone who entered on a temporary visa and overstayed is considered undocumented for purposes of this order. If a person still holds such status and has not overstayed such as current students for example, they wouldn't be eligible because they would be in a lawful status already.

The same provisions applied to the DACA and I don't think they would do it differently this time around. People who had entered with visas were able to get DACA the same as someone who entered with nothing.

So as long as his wife has been continuously present since Jan 1, 2010, doesn't currently have a lawful status, has a USC or LPR child born one or before Nov 20, 2014, and doesn't have certain criminal convictions, she would be eligible for DAPA. Remember that although she entered with a valid visa, she is not currently in a lawful status and as such falls under the executive order.

FYI, my sister's dad is one who entered with a tourist visa back in 1990 and overstayed. He already spoke to an attorney and was told he would be eligible for the program. As have also many others who entered with nonimmigrant visas and overstayed. Also about half of the 12+ illegal immigrants presently in the country are overstayers from a myriad of countries and the media places the negative weight on Mexicans and other hispanics.

Here is a link with the policy memo:

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf

Edited December 7, 2014 by Ian H.

[Boiler 43,401]

File now as a LPR.

Apply for Obamnesty

Use AP to travel, EAD to work.

When current then take a view as to whether to adjust as a LPR with potentially a waiver or wait for citizenship. Rules should be clearer.

[icv21 110]

I agree with everybody else not good idea from the lawyer telling about her going back to her country.

If she was here before 2010 doesn't matter how she entered she can apply Obmanesty she has a son USC!!