Cornell, CA Immigration Law Firms & Lawyers

There are a couple of sides to this you need to know. First, when you file an immigrant petition for your husband, you will have to prove to the government that your husband will not need public assistance. By law, he will not have the right to receive food stamps, welfare, SSI, disability, Medicaid, or subsidized housing until he becomes a U.S. citizen. Immigration authorities will not give him a green card unless you can show that he will not need any of these forms of public support. To do that, you have to file Form I-864, Affidavit of Support, showing that you have more income than the federal poverty level. It is not likely that you have that much income: you would not get food stamps if you did. So, you will have to find a co-sponsor who has enough income to exceed the federal poverty level for his/her own family plus one (your husband) and would agree to promise to the government to support your husband if he would need support. Co-sponsor does not have to be related to you or to your husband, but it is very unlikely that anyone who is not family would agree to accept such responsibility. If you file the petition without an affidavit of support, it will be denied. Second, if your husband gets a green card, you will have to tell the authorities that your family status changed. They will reconsider your food stamps award counting your husband's earnings as the family income. They can also consider your husband as a co-applicant and might deny the entire application because he will not be entitled to public support.

That would depend if it was a deferred adjudication or not and whether you actually plead guilty. *Dream Act - Deferred Action* As you may have heard, the DREAM ACT Deferred Action has now given the opportunity for numerous people to apply for the deferred action. This is not residency and it is not citizenship. However, if done properly, it does permit the issuance from U.S. Immigration of the approval of the Deferred Action, which in turn will allow you to get a work permit, remain legally in the U.S. for the duration of the approval of the deferred action and to be assured that you will not be placed into deportation proceedings. Additionally, this procedure will allow for us to apply for the DREAM Act Deferred Action even if you are in deportation / removal proceedings. Additionally, if you already have a removal or deportation order, we can apply for this relief. Finally, even if you or somebody you know is outside the U.S. that has been deported, but would have qualified, that person also is eligible to apply for the DREAM Act Deferred Action. Keep in mind a few advisals: 1. If President Obama is not re-elected, this form of Deferred Action may be denied and/or revoked; 2. There are no derivative beneficiaries that can apply for this type of Deferred Action. Therefore, there is a risk that you may get the approval, but your parents may be targeted to be placed into Removal Proceedings. However, at that point, depending on the particular case, we may be able to be retained to prepare and submit a Request for Prosecutorial Discretion. 3. If your DREAM Act Deferred Action is denied, there is always the risk that you will be placed into Removal Proceedings. However, the option for you to submit the Request for Prosecutorial Discretion is also open.