Edwards, CA Immigration Law Firms & Lawyers

The I-130 petition for alien relative only verifies the relationship between the parties and that the petitioner is either a US citizen or lawful permanent resident. Adjustment of status is done through form I-485 application for adjustment of status to permanent residence. In your question, the individual attempting to qualify for adjustment has received deferred action, which I imagine is through the administration's recent Deferred Action for Childhood Arrivals program. If the individual came to the US legally, he or she could adjust status to permanent residence upon the petition of a US citizen spouse. Otherwise the administration's program does not give a special privilege or status by itself to allow its approved participants to adjust status. That being said, the program has a component under which approved applicants may be able to apply for advance parole to leave and reenter the country legally. Although nothing has been said so far, there is the distinct possibility that leaving and reentering the US under an advance parole would allow the individual to be considered eligible for adjustment of status if married to a US citizen.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

It does not matter how they spelled your name. You need to disclose the fact of arrest and conviction. Consult with an Immigration attorney as to the immigration consequences of your charge. It all depends on what was sad on the record.

Unfortunately an asylee does not have any derivative family members subsequent to the grant. When you get permanent residence you can apply for her (if she is then your wife) but you will have several years to wait for her to be current.