Thread: DACA to AOS
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#2810
07-25-2018, 10:34 PM
Senior Member
Joined in Oct 2012
218 posts
jogearce
Quote:
Originally Posted by WorldOfPug View Post
Hi everyone,

I need help evaluating a dilemma I'm in.

I applied in May 2017 in NYC and filed both the 485 and 130 together. It's been almost 15 months now and am waiting for an interview. The EAD I got through the adjustment procedure is about to expire.

I also have DACA which expires in October this year meaning my EAD from DACA will also expire.

Do I renew my EAD through DACA or the adjustment procedure? Both have the pros and cons. I really don't know what to do here. I spoke with my lawyer and was informed about the pros and cons of each and its ultimately my decision. I'm trying to see if others can think of pros and cons as well.

Renew through DACA

Pro If my EAD interview and approval doesn't happen by October, I will no longer be protected from deportation (although I believe I am somewhat protected if I applied for adjustment of status). So DACA seems to be safer?

ConIt costs $800 ($800 is a lot of money but my wife and I fortunately have the luxury of putting down the money) and no one knows when DACA will end. Also, since renewing DACA can take a few months and my EAD will expire shortly, I may get a span where I can't work. (e.g. My EAD expires in Oct. My DACA gets a renewal in December. This means I can't work in November).


Renew through Adjustment
Pro It's free and there won't be a stretch where I can't work. Also the interview might come before October (17 months from PD) and in that case, I'll save $800.

Con My interview might not come by October when my DACA expires. As a result, I won't be protected between the time my DACA runs out and my adjustment gets approved.
Based on recent USCIS memos:

https://www.forbes.com/sites/stuarta.../#490d6a0e4615

USCIS will now issue NTAs (notice to appear) to denied applications in which the applicant is out of status.

https://www.uscis.gov/sites/default/...IDs_FINAL2.pdf
__________________
AOS PACKAGE SENT: 08/14/2017 Sent from Chicago - NOA RECEIVED: 08/18/2017 - BIOMETRICS NOTICE RECEIVED: 8/25/2017 - BIOMETRICS COMPLETED: 9/5/2017 - EAD APPROVED: 10/26/2017 - NOA FOR INTERVIEW RECEIVED: 6/19/2018 (FOR 07/18/2018 ) - AOS APPROVED: 7/20/217 - GC received: 7/28/2018
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