If I got married here and my husband is a U.S. citizen but I only have employment authorization, how do I apply for permanent residency?

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If I got married here and my husband is a U.S. citizen but I only have employment authorization, how do I apply for permanent residency?

Can my husband help my situation? What requirements do we need to follow in order to apply?

Asked on June 15, 2015 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

On what basis do you have employment authorization?  Is it under the DACA?  If you entered the US lawfully and are married to a US citizen, you are eligible for adjustment of status to permanent residence.  If you are an unlawful entry person, you may have qualified for DACA but that does not make you eligible for adjustment of status under the current immigration laws.


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