if approved for DACA, there will be trouble adjusting status later?
 

i went to a DACA informational seminar today, and there an attorney said that if you are approved and later on you lets say marry a U.S citizen and try to adjust your status, you will have a difficult time because of your unlawful presence of over 180 days. She even said that they can even still put a ban on you and ask you to leave the country while they process your application. Any thoughts?

Re: if approved for DACA, there will be trouble adjusting status later?
 

It depends in what context the lawyer was talking about,that is certainly not true for those who overstayed in the US,even those who overstayed via the Visa waiver can now adjust if they overstay due to a court decision I read not too long ago.

Re: if approved for DACA, there will be trouble adjusting status later?
 

I'm sure if you entered EWI there would be a ban. Just like if you got married right now u'd still get sent back.

However, before 8/15 I received an ad from my I-130 lawyer that said USCIS is working on a waiver to let people wait out their turn in the US without having to return to their country of Origen. It said more info would be released in the fall.

To those who entered with a valid passport and overstayed there is no ten year ban.

However, now that we have DACA I'm curious to see if there is an exception for those who EWI and are also DACA.

Re: if approved for DACA, there will be trouble adjusting status later?
 

I Think thats the I-565 waiver and its supose to take into affect for ppl in us around this time, as ppl out of usa can apply for it. Atleast thats what i read before but i can be wron on the exact name of the waiver

Re: if approved for DACA, there will be trouble adjusting status later?
 

Here it is:

http://www.uscis.gov/portal/site/usc...004718190aRCRD

Re: if approved for DACA, there will be trouble adjusting status later?
 

DACA will not change your status at all, If you get EAD through DACA and latter you merry to USC and if your qualified 245i grandfather you can still apply through your merrige. That's exact situation I am in and I have asked 3 diffrent lawyers about this.

Re: if approved for DACA, there will be trouble adjusting status later?
 

Yes, if DA passes with path to citizenship and if you choose to take DA route then you will not be able to adjust your staus theough other routes, since DACA only gives you limited protection not legal status, you can always choose other routes to get your green card.

Re: if approved for DACA, there will be trouble adjusting status later?
 

I don't think they were asking if it would affect their status now. They were asking about the future. If on this form you put entry without inspection and you get married to a USC later in life you will get a 3-10 year ban because of EWI. But that has nothing to do with DACA. Ud get the ban regardles. EWIs start accruing unlawful status as soon as they turn 18. But the waiver I mentioned above, if approved, will help EWIs. DACA or no DACA.

Re: if approved for DACA, there will be trouble adjusting status later?
 

What about people like me? My uncle who is a citizen filed a petition for my dad, my mom, my two sisters and me. That was back in 2000. According to lawyer, me and my sisters will not get a green card because we are over 21 now. Only my mom and dad will get it. I remember immigration took our birth certificates as well as the translated ones and some school report cards. I was only 15 back then. From my understanding, if I get married to someone that's a citizen, i will not have to leave the country because we are under the 245-i. Can someone correct me if I'm wrong?

Re: if approved for DACA, there will be trouble adjusting status later?
 

Actually, technically yes you can adjust your status if you get married BUT it is a long process and it is very time consuming because if you EWI you would have to apply for a waiver (i-601) to prove harship. That means that in order to be waived the 3/10 year ban the u.s citizen needs to prove by medical/ financial and psychological reasons why the absence of the immigrant is extreme harship. Example: the u.s citizen has cancer and is married to an illegal who EWI and the immigrant is the only person who cares for the citizen and gives him his medIcation and takes him or her to the hospital. If the immigrant were to leave the country for 3 or 10 years that would prove extreme harship on the citizen to the point of death because his or her main care giver is gone. Soooo! Its not impossible but it is hard to prove. I know many many couples online who got their i-601's got approved. It is tough though! But so worth trying if there is legitimate hardship. I'm talking from experience because before the DACA was issued i was just about to file for my spouse visa using this method. But not im going through the DACA process first and then try to fix my status. I dont know how DACA will change this option for me but I dont think it would be negative. Either way sometime in the future When more info comes out I will file.