Adjusting Status Post-DACA
 

Once we get our EAD and DA approved,

1. Could we get an employer to sponsor us?
2. Could we still adjust our status through marriage?

Re: Adjusting Status Post-DACA
 

I'm pretty sure we can adjust, since this does not grant us legal status. I'm getting married next year and going to adjust that way.

Re: Adjusting Status Post-DACA
 

The second question is one that is interesting.

If you entered the country without inspection you would still have to leave the country and attend the consulate in your country of origin, which would under normal circumstances activate the 10 year ban. However, under DACA, you have the ability to request permission to leave the country for humanitarian reasons which would theoretically allow you to leave the country, go through the consulate and come back without activating the 10 year ban.

The permission would essentially excuse that ban, however, this has not been tried yet, and will most definitely require the assistance of a BIA accredited lawyer, the risk would still be very high as DACA could be changed at any moment depending on who gets elected, and there is still the possibility that you could activate the 10 year ban even if approved, its very sensitive.

Re: Adjusting Status Post-DACA
 

Very good question.
I know you could adjust status through marriage even without DACA, as I was advised multiple times to do. But as far as the employer sponsorship, I dunno. I'd like to find out though!

Re: Adjusting Status Post-DACA
 

Buckminster, while we're on the topic of marriage..

I'm not an EWI. So if I were to marry a citizen, do I also have to go back to my home country?
I keep getting mixed feedback from replies here and there throughout this forum. I want to know for sure, because my boyfriend and I are planning to get married in a couple of years.

Re: Adjusting Status Post-DACA
 

If you are not an EWI and can prove being inspected coming into the country, theoretically you would be able to complete the application process within the United States, and could expect permanent residence within 9 months of applying since you would be considered an immediate relative of your spouse and would not be subject to the quota system that all other petitions are subject to.

The critical portion of this is that the marriage has to be legitimate, if not legitimate the risk is permanent ban, fines and most likely jail time for all involved.

Edit: to clarify, immediate relatives are spouses, children and parents of a US Citizen, in addition, children are defined as under the age of 21, everyone over 21 is considered a son or daughter and thus not an immediate relative of a US Citizen, regardless of how long they may have been in the United States.

Re: Adjusting Status Post-DACA
 

Wow, that was actually a really good observation. I does sound do-able. I was going to adjust my status through the i-601 waiver before DACA was annouced.

Re: Adjusting Status Post-DACA
 

I'm EWI so I'm going to need a waiver, its way easier for those that came with a visa.

Re: Adjusting Status Post-DACA
 

Its all theoretical at this point, but some lawyers and organizations have been looking at this potential with some interest but being very careful until they get more concrete data from someone that adjust this way.

Re: Adjusting Status Post-DACA
 

Best chance for the first one would be to be under 245i and have a Masters degree (and of course have an employer willing to sponsor you). Without a Masters degree, there's a long wait for your priority date to become current.