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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 99503
Experience:  Private practice in several areas, including immigration
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I came to the USA from Mexico when I was 2 years

Customer Question

I came to the USA from Mexico when I was 2 years old and never been back. Went to school in California and recently got married 3 years ago and have a 2 year old daughter. I have been working the last 10 years and have filed taxes every single year. My wife and I began doing our immigration process since she is a US Citizen. We currently have our immigration appointment at the end of the month in Ciudad Juarez. I also have a clean criminal record and never done drugs. Is there anything that can be a reason for myself to get denied a green card?
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. What year did you come over? How old were you when you came over? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 6 months ago.
I came in 1988 and was 2 years old.
Expert:  Ely replied 6 months ago.
Thank you. First of all, understand that someone in your situation can benefit from DACA. See HERE. This does not give the person a greencard, but it gives one the right to reside lawfully and work. Second, someone in your situation would likely get a greencard if one's US Citizen spouse petitions for you. If so, then you'd have to file an I-601A waiver with the I-130/I-485, and then travel back to Mexico to have the interview there. If this worries you, then consider the DACA alternative. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 6 months ago.
It shouldn't affect if I have been working in the US? I done my taxes every year. We filed the I130 and have my appointment at the end of the month. We have all the documents together already. Just certain questions that worry me.
Expert:  Ely replied 6 months ago.
Did you work under a false SSN?
Customer: replied 6 months ago.
It was a SSN that was given to my parents by the US consulate when they came here. In the SSN is says not valid for work. I'm guessing it's a TIN
Expert:  Ely replied 6 months ago.
Thank you. Likely it will not be an issue. USCIS generally brings the book down against people who steal identities and use FALSE SSNs. In your situation, there are mitigating factors (coming here as a child, using a real but invalid SSN, etc). Paying taxes also really helps. So USCIS is likely to look the other way provided the I-601A waiver is filed. But this still worries some people because they have to go to country of origin for the interview and to await the greencard. If so, then someone in your situation has DACA as a choice, instead. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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