Daca applying for a green card with a final order
 

Probably this question has been answered a couple a times but I have been freaking out. I’m in the process of , adjusting my status. Getting a green card through my citizen husband I filed that I 130 back in June 2024. I’ve been waiting for an answer for a year. I know I’m going to be called for an interview. My question is I’ve been seeing that a lot of people has been getting detained at the green car interviews Especially when they have a deportation order. I have a deportation order because of an asylum case my dad lost. FINAL ORDER from 2006.

Would I be safe being that I have Daca or not whenever I go to the interview?

Re: Daca applying for a green card with a final order
 

Please, please, please, talk to an experienced attorney about this. So much is on the line. You need professional advice and guidance on how to proceed after they review the specifics of your case.

I wish you the best and hope you get your GC safely.

Damn the Republican party for making the lives of people like you so damn stressful and difficult. Remember this when you become a citizen and are able to vote!

Re: Daca applying for a green card with a final order
 

THANK YOU SO MUCH! I do have a lawyer. I started my case jun 2024 when Binden was still in office. When me and my lawyer spoke about the case he explained to me the way everything was going to work BUT NW WITH THIS ADMINISTRATION i
Dont even know anymore. I am terrified of the interview process
I have been here since i was 10 i am 36 now, no criminal record, married to a US CITIZEN 2 us kids
A wonderful career………

I barely sleep thinking about it….

Re: Daca applying for a green card with a final order
 

If you haven't talked to them recently, ask your attorney for a 15 minute phone call so you can talk to them about this and get their advice on how to proceed. Did you already get your interview notice?

If you were to get an interview, what major city and state would your interview be at?

If you need marginal immigration legal advice in addition to the advice from your attorney (not in place of!), I recommend you try to get on one of the Hacking Immigration Answers shows. The attorney there hosts a a Q and A show multiple times a week and offers free advice. His name is Jim Hacking. Join their text notifications and they send a link via text before each show that lets you join the lobby (if you can get in before it fills up) so you can ask him a question live.

Here is the link to to the latest show:
https://www.youtube.com/live/Ag3Lt8a...909C1j2XnjCHVu


I would also search the USCIS subreddit for people that are in a similar situation as you and see what people have shared was their experience. You can also ask on there too.

Re: Daca applying for a green card with a final order
 

You ate the best. Thank you so much!

Re: Daca applying for a green card with a final order
 

Your fears are legitimate and should not be discounted.

It literally depends all on government attorneys and/or a willing immigration judge after the agency has interviewed you both (probably stokes interview) and approve the I-130. Usually the adjudicator will tell you if they believe the marriage is legitimate or not. With Children, (if they are your husband's) it would be very likely such an application could be approved.

However, USCIS is now typically an enforcement agency not a benefits one. Still, you must attend the interview and don't be surprised if such an interview takes 1+ years more dependent on local because it is not an atypical adjustment interview. An intending immigrant with a final order seeking an interview is typically seen as a likely fraud case. The evidence has to be stronger than most typical cases, and the interview questions more difficult.

To put things in perspective, Immigration judges have had their discretion decreased and limited due to the current Justice department

The I-130 is only one part of a difficult process....you must also have your final order terminated by an immigration judge. That is where the biggest issue may arise. Strongly suggest communicating with your current attorney or another attorney about the change in discretion.

Re: Daca applying for a green card with a final order
 

You shouldn't get detained when your DACA is still active, because it means your deportation order is on hold, just like you won't get fined for $1.8 million, but it could be tough to find the DHS attorney to joint motion to reopen in this administration.

Re: Daca applying for a green card with a final order
 

Thank you all. I really appreciate your answers. My biggest fear is not the interview itself. I have plenty of documents to prove my marriage is very much legic. My biggest fear is getting walking out of that place THEN seeing ICE officers outside ��. My DACA is active and everything is good with that…just don't trust this administration. The way my lawyer told
Me to do things was FIRST get the i-130 approved THEN work on the deportation order to get it open and closed THEN file for the i-485. Praying everything works well….i have never been so scared in my life.

Re: Daca applying for a green card with a final order
 

If I were you, the last place I would wanna be is where ICE could quickly find me. Like USCIS interview. What your lawyers will tell you is just go to your appointments/interviews. And when you're arrested, they will go on TV interviews and lament how that was so unfair. Then unto the next customer!

Re: Daca applying for a green card with a final order
 

Your fear is completely valid, especially given the current climate and your situation. It's encouraging to hear your DACA is active and that your marriage is genuine with strong documentation. That gives you a solid foundation. Your lawyer’s strategy—getting the I-130 approved first, then reopening and terminating the deportation order, and finally applying for the I-485—is a careful and legally sound approach. Many have successfully gone this route.

Try to stay focused on each step, and don't let fear paralyze you. The fact that you're prepared, have legal support, and are following a process gives you strength.

Also I wondered, when you first got DACA why didn't you have your proceedings administratively closed? That was standard for most administration I believe. The administration is literally forcing previously admin closed cases to re-open....this would have actually been to your advantage on time.

I believe the administration has been currently focused on those who recently came mostly. Those who qualify for DACA are a bit different.