Legal Question in Immigration Law in California

My husband filed and i130 for me back in August 2012 and now we want to file the i821d is it possible to file both ? Is there a better chance at getting approved, I entered with out inspection have no criminal record speak English fluently , graduated high school , and my husband and I been married for almost 3 years.


Asked on 1/31/13, 11:56 am

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Is your husband a U.S. citizen or Legal Permanent Resident? If he is a U.S. citizen, you will need to file a waiver of inadmissibility.

You can file for Deferred Action if you are under 31 yrs old & meet the other requirements. It will only give you a work permit, not a greencard.

I do not see a conflict in filing both, but I do not know the exact details of your situation, so it is always best to have an Immigration Attorney review your case before filing.

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Answered on 1/31/13, 12:56 pm
Mercy Sequeira Law Office of Mercy Sequeira

You can file for Deferred Action even if you have filed the I-130. There is no conflict.

You should have an experienced attorney advise you on all your options.

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Answered on 1/31/13, 1:08 pm


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