Daca approved married to citizen
 

I need some info/advice i hope one of you can help me i was approve for daca, i'm married to a u.s citizen for 4 years, we want to start the process for me to become a resident or a green card i'm not sure whats the first step to take since i already have a social security and legal presence in the country

Re: Daca approved married to citizen
 

Are you a visa overstay or did you enter without inspection?

Re: Daca approved married to citizen
 

getting a lawyer would probably be helpful

Re: Daca approved married to citizen
 

getting a lawyer would be helpful. also if you entered without inspection (or maybe even a visa overstay) apply for AP might be helpful. this would allow you to legally enter the country and possible having to avoid returning to your home country when the visa interview comes around.

Re: Daca approved married to citizen
 

If you're a visa overstay and didn't apply 4 years ago that's a pretty big fail but if you're an ewi then apply for ap and go in and out the country

Re: Daca approved married to citizen
 

I entered without inspection, i came to this country when i was 11 i will speak to a lawyer and see what i can do i just don't want to leave the country i have a 3 yr old daughter and mi wife is pregnant and i'm the only one working leaving would be hard

Re: Daca approved married to citizen
 

Do you know about Advance Parole and how it may help you with your green card app?

Re: Daca approved married to citizen
 

Like many people have said already, the best advice would come from an experienced lawyer.

DACA unfortunately does not change your unlawful status. And since you came to the United States without inspection that means that you cannot readjust your status without having to leave the country. The current law says that if you entered the US without inspection (as is your case) your wife cannot petition for you to become a resident while you are in the country.

You would have to leave the United States. But the problem with this is that since you lived in the US for more than one year without lawful status, as soon as you leave the United States you will be ban from entering the US for 10 years. And if you try to enter the US during those ten years you will be ban from entering the US for life.

One way to get pass that ban is you would have to ask for a pardon for all those years that you stayed in the US illegally. The reasons why they would grant you this pardon would be if you not being able to stay in the US caused an extreme hardship on a US citizen - such as you wife or children. And the pardon requires you to be outside the US.

Being separated from husband and father is not considered extreme hardship. From what I remember one case of "extreme hardship" would be if your wife or children are sick and depended on you to provide the money for medicine, etc.

Because of DACA there seems to be another option. Which is if you are able to apply for Advance Parole (Humanitarian, Work or Educational reasons) and is granted. You can leave the US, and when you come back you would no longer be considered as entering the country without inspection. Which means that your wife would be able to petition you to get a green card without having to leave the US and triggering the 10 year ban.

Of course this is no expert legal opinion, just personal opinion on what I have read. The best option would be to talk to an immigration lawyer.

Re: Daca approved married to citizen
 

Thanks all of you for the advice now i have an idea on where to start, anvance parole will be my first step

Re: Daca approved married to citizen
 

I wish they would approve me already so i can try this.