Adjusting Status through Marriage with or without DACA Advanced Parole
 

Hi everyone,

So I have an EWI and currently have DACA that won't expire for another year. My boyfriend and I are planing a future together and plan to get married. My question is what is the difference if we try to adjust my status with or without me first applying for advanced parole with DACA?

If I apply for advanced parole with DACA I have to go out of the country and then come back and clear my EWI.

If we get married and I still have the EWI, don't I still have to go out of the country and come back?

We are trying to avoid me going out of the country for fear of not being able to get back.

Anyone, here know the process for adjusting through marriage with an EWI?

Thanks for the info!

Re: Adjusting Status through Marriage with or without DACA Advanced Parole
 

Your AP would count as a legal entry giving you the ability to adjust in the United States without having to go to a consulate. There is an alternate route and that is the I-601A form which would waive the bar for you to adjust here but you would have to prove that leaving the US would cause a serious hardship to your spouse.

You would apply for Permanent Residency as if you were in the country legally. You would login to Customs and Border Protection's website to print out your i-94 form since they switched to the electronic one and no longer give out paper I-94 when you enter the US legally. You'd send in your petition I-140 along with your I-485 and all the supplement forms.

I think there is a guide on this website. You just have to search

Re: Adjusting Status through Marriage with or without DACA Advanced Parole
 

Yes. In order for you to remove your EWI is you have to get AP and actually leave the country and come back. Literally you could cross the border into Canada, visit a gas station, and turn around to come back into the United States within an hour and you'll be considered to have entered legally.

Re: Adjusting Status through Marriage with or without DACA Advanced Parole
 

Hence why some repúblicans call DACA an amnesty because it gives some of us AP to be able to easily fix our status through marriage.

Re: Adjusting Status through Marriage with or without DACA Advanced Parole
 

Thanks for info guys.

I see advanced parole would be the easier option (I wish I had known about it long before the elections). But I think that due to current political circumstances we're just gonna go ahead and get married and take the extreme hardship route. By the time I have everything ready to file for advanced parole DACA might be on hold and who knows what could happen then.

Is proving extreme hardship difficult to do? The fact that I make more money than my boyfriend should count for something right? I mean he wouldn't be able to afford to pay bills without me.

Re: Adjusting Status through Marriage with or without DACA Advanced Parole
 

Do the AP. It will be easier. Forget the whole political issue we have right now. Trust me on this. If not, talk to a lawyer and see what he says.

Re: Adjusting Status through Marriage with or without DACA Advanced Parole
 

Although those who are overstays could do this regardless of DACA...



Consulting an immigration lawyer may help. The offices probably have an idea of what it actually takes to get a waiver approved.

Best of luck! :smile:

Re: Adjusting Status through Marriage with or without DACA Advanced Parole
 

I would do humanitarian advanced parole, but it looks like I might not have enough evidence to support that case (or someone sick enough). And there's no way that I could apply for job or study abroad purposes either.

I'm planning to talk to a lawyer to see what are the possibilities and how difficult it is to adjust through marriage while having the EWI.

Anyway, Thanks guys for your input! Although, I rarely post, I check this site everyday (it's like a facebook for dreamers lol) and it's been very helpful.

Re: Adjusting Status through Marriage with or without DACA Advanced Parole
 

I would certainly try advanced parole. I would apply for it and then weight the option depending on what ends up happening with DACA.

If nothing happens then the process will be 10 times simpler, cheaper, and faster...

Keep in mind that those waivers are also not the law.

Re: Adjusting Status through Marriage with or without DACA Advanced Parole
 

Basically you'll have to leave one way or another.

With AP:
Apply, get approved, leave, return, marry, file for adjustment.

Without AP:
Get married, file I-130, when approved file I-601A, if approved you'll attend a consular interview, get your immigrant visa and return to US.

AP is the easier option while it exists since I-601A requires you to prove that your spouse would suffer "Extreme hardship" from your absence. Now usually you can argue something (or rather have someone argue something for you), but there are just hopeless cases where hardship would hardly exist. AP has no such requirement.