Will you be safe with DACA if adjustment of status is denied?
 

No adjustment of status is not through DACA.

So as I understand it, having adjustment of status denied for whatever reason, you will be put in removal proceedings.

But if you have DACA, will you be safe or would they still deport you?

I had found this that says you would be safe but does anyone know for sure, what law or anything like that?

http://bogartimmigrationlaw.com/guid...status-denied/

If you are in some other valid status such as on a nonimmigrant work visa, student visa, temporary protected status (TPS), DACA, or are not deportable for some other clear reason, USCIS will usually not issue a Notice To Appear (NTA). This is a summons to appear in immigration court for removal proceedings. Hence, you are free to try again, from the beginning, for lawful permanent residence through adjustment of status. If USCIS did not revoke or deny your family petition (I-129F or I-130) then you typically need to file a new application to adjust status, Form I-485, with all supporting evidence. You will also need to pay all the fees over again. Even if you are deportable, you may file a new application with USCIS if it has not issued an NTA.

Re: Will you be safe with DACA if adjustment of status is denied?
 

It is actually up to the Immigration Officer to decide whether you get put in removal proceedings or not. And remember that while you may have not been approved for AOS your eligibility for DACA remains so unless you had obtain that by fraud i dont see why they would take that away.

Re: Will you be safe with DACA if adjustment of status is denied?
 

Unless the immigration officer determines that there was fraud committed while doing a background check, DACA does protect you. If you get denied adjusting your status, all you really lose is your money (application fees & lawyer fees).

Re: Will you be safe with DACA if adjustment of status is denied?
 

Im wondering the same thing. I applyed for DACA back in 2012, While I waited for my Daca to be approved (which took more than a year) I became eligible for adjustment of status through my husbands petition. I spoke to my lawyer n he stated that in the worse case scenario I would be protected by DACA

Re: Will you be safe with DACA if adjustment of status is denied?
 

Thanks everyone, thats what I figured.

That the way I was seeing it, but was wondering if there was a law or something official that could see online.

Re: Will you be safe with DACA if adjustment of status is denied?
 

Before re-filing I'd first recommend trying to have the case reconsidered.
It costs less (you have 33 days from the date of the denial to file a motion to reconsider). If that is denied then likely a second I-485 won't help much either.

Anyways - you will most likely not be placed into removal proceedings. If you are then you can't really be ordered removed since you are temporarily authorized to be in US.

Also - if you are placed into removal proceedings that actually gives you a right to have your adjustment application reviewed by the judge* (by using the adjustment application as grounds for relief). So lets say that you are denied adjustment due to some ambiguity in the law (lets say CSPA interpretation, or some other gray area), the judge can still grand you adjustment there (of course if you're eligible given the more favorable interpretation, a judge can't jump over law).

* - Since AoS is discretionary there is no direct right of appeal. You can only have USCIS review the application again. Pretty much to have to reviewed by a judge you need to end up in removal proceedings somehow.

Just out of curiosity - under what category do you apply, and are you covered under 245(i)?