DACA applicant married to US Citizen or Permanent Resident
Hi, I'm a permanent resident (working on becoming a citizen), and after consulting an immigration attorney here in CA, she told us that there was a loop-hole right now where if and when my husband gets approved for DACA, he can apply for an adjustment of status within the US without having to leave. He came here without inspection in '97, so normally he'd have to leave to his home country (Mexico in this case) to apply for a waiver since he entered illegally. I've tried looking online, but everyone seems to say (online) that he HAS to leave no matter what, suggested filing I-601A waiver so he won't be gone for so long, but that he still has to go even after getting DACA approved. Has anyone else's attorney told them about this "loop-hole" as well? or even heard about this being done successfully?
|
Re: DACA applicant married to US Citizen or Permanent Resident
What is the loop -hole that your attorney is referring to?
|
Re: DACA applicant married to US Citizen or Permanent Resident
Quote:
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD |
Re: DACA applicant married to US Citizen or Permanent Resident
Quote:
This is how the "loop-hole" would go (according our lawyer): DACA gets approved, I petition him, we request an adjustment of status with him still in the US, he becomes a permanent resident, in a few years can become a citizen. |
Re: DACA applicant married to US Citizen or Permanent Resident
Quote:
|
Re: DACA applicant married to US Citizen or Permanent Resident
you have read the part on the instruction pages of the I-601A where it states that one will still need to LEAVE the country for their visa interview, right??
basically what the I-601A does is lift the 3 to 10 year ban that one may occur when one is illegally in the country. it DOES NOT allow one to remain in the country while applying for AOS nor does it granted any legal status. i would advise you get a new lawyer who knows how to read the instruction pages of an application before they tell someone something that is not true. |
Re: DACA applicant married to US Citizen or Permanent Resident
Quote:
I'm skeptical about it too, that's why I'm trying to see if anyone else has gotten this information too, or if anyone can confirm it |
Re: DACA applicant married to US Citizen or Permanent Resident
My lawyer said when your approved for DACA you can file for advance parole. Therefore you re-enter with inspection and no longer have to leave to adjust status through marriage.
|
Re: DACA applicant married to US Citizen or Permanent Resident
Quote:
To OP: Do you know much money will your lawyer charge you if she were to work on your husband's case? |
Re: DACA applicant married to US Citizen or Permanent Resident
With advanced parole there is no guarantee in re-entering. Some people around here have done it already. But it's still risky. Of course if you are allowed re-entry then yes you can save a good chunk of change and no need to file for the hardship waiver.
|
All times are GMT -4. The time now is 02:04 PM. |
Powered by vBulletin®
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.