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-   -   DACA applicant married to US Citizen or Permanent Resident (http://dreamact.info/forum/showthread.php?t=59042)

glgutierrez0506 07-02-2013 05:52 PM

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?

chocolatedrop 07-02-2013 05:56 PM

Re: DACA applicant married to US Citizen or Permanent Resident
 
What is the loop -hole that your attorney is referring to?

jb89 07-02-2013 05:59 PM

Re: DACA applicant married to US Citizen or Permanent Resident
 
Quote:

Originally Posted by glgutierrez0506 (Post 494706)
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?


http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

glgutierrez0506 07-02-2013 06:11 PM

Re: DACA applicant married to US Citizen or Permanent Resident
 
Quote:

Originally Posted by chocolatedrop (Post 494707)
What is the loop -hole that your attorney is referring to?

She's referring to my husband being able to adjust his status to a permanent resident through our marriage WITHOUT having to leave the country, once he gets approved for DACA. Normally, he'd HAVE to leave because he came in without inspection, it'd go like this: Petition him, he gets approved, has to go to Ciudad Juarez for the interview, once he's there he has to wait in Mexico for his permanent resident card to come back. If I get 1601a approved, it'll be days or weeks. if not, it could be months or years, we won't know for sure.

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.

Tonyhasadream 07-02-2013 06:27 PM

Re: DACA applicant married to US Citizen or Permanent Resident
 
Quote:

Originally Posted by glgutierrez0506 (Post 494715)
She's referring to my husband being able to adjust his status to a permanent resident through our marriage WITHOUT having to leave the country, once he gets approved for DACA. Normally, he'd HAVE to leave because he came in without inspection, it'd go like this: Petition him, he gets approved, has to go to Ciudad Juarez for the interview, once he's there he has to wait in Mexico for his permanent resident card to come back. If I get 1601a approved, it'll be days or weeks. if not, it could be months or years, we won't know for sure.

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.

This would be awesome but I'd like to know where your lawyer got that info from because it is too good to be true.

hawkeye2013 07-02-2013 06:39 PM

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.

glgutierrez0506 07-02-2013 08:24 PM

Re: DACA applicant married to US Citizen or Permanent Resident
 
Quote:

Originally Posted by Tonyhasadream (Post 494725)
This would be awesome but I'd like to know where your lawyer got that info from because it is too good to be true.

Navarro Law Group. 444 S Brand Blvd. Suite 204. San Fernando, CA 91340 Phone (818) 365-6777

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

Audiocrazy27 07-02-2013 08:26 PM

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.

Lunafiv 07-02-2013 08:40 PM

Re: DACA applicant married to US Citizen or Permanent Resident
 
Quote:

Originally Posted by Audiocrazy27 (Post 494764)
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.

This is great news!!! So that means you'd be saving yourself like $6,000!!

To OP: Do you know much money will your lawyer charge you if she were to work on your husband's case?

Audiocrazy27 07-02-2013 09:07 PM

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.


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