hey guys i posted this thread around jan-feb, anyways until this day i have not apply for my green card, but after all this months of thinking about it im going for it, eventually i will have to at some point but i've been dragging it, anyways if new members or someone that knows anybody with this similar story if ya'll can please give me some opinions i would gladly appreciated, i will be putting my application this month so i will keep it updated on how it goes, wish me luck, thank!
Hi to everyone, if any one has been in this situation or know anybody or can give me advice i appreciated..here's my story.
I just renew DACA and it expires in 2016, I am in a same-sex marriage been married since octuber 2014, we recently went to a lawyer to start my paper work for green card, my spouse is a US citizen i came here in 1996 with visa and i have my i-94,
The lawyer we talked to mention that there might be a small chance of me having trouble with my application the reason is because:
came here in 1996, i was 8 yrs old
travel to mexico like 3 times from 1996-2002 with valid visa
2002 was my last entry which i have proof since i have the i-94 i was 14 yrs old,
Lawyer said that since i was already living in the USA and left the country that could be consider "Visa Fraud"
He said they MIGHT ask me for a waiver, which is that i would have to leave the country and of course i don't want to go thru that process, he also mention i could wait for May since they are changing the rules for the waiver.
I'm just confuse because for the green card application i believe it only ask for the 5 past yrs of residence,
I know that for DACA i had to put down all my addresses since 1996
That's why the lawyer said they might open my DACA profile and see that
So i dont know how is it that they will even know i was here since 1996
I don't know what to do because now I'm scared to apply.
It's rare to charge minors for representation. As long as you entered with your own passport then you should be fine.
So what will you do?
You will file I-130 and I-485. If they deny your I-485 then you'll refile it together with I-601 for misrepresentation and plenty of evidence, you will not need to leave US. Misrepresentation requires "extreme hardship" to a US citizen family member same as the waiver for 3/10 year bans.
