DACA applicant married to US Citizen or Permanent Resident

Hi, I'm a permanent resident (working on becoming a citizen), and after consulting an immigration attorney here in CA, she told us that there was a loop-hole right now where if and when my husband gets approved for DACA, he can apply for an adjustment of status within the US without having to leave. He came here without inspection in '97, so normally he'd have to leave to his home country (Mexico in this case) to apply for a waiver since he entered illegally. I've tried looking online, but everyone seems to say (online) that he HAS to leave no matter what, suggested filing I-601A waiver so he won't be gone for so long, but that he still has to go even after getting DACA approved. Has anyone else's attorney told them about this "loop-hole" as well? or even heard about this being done successfully?

What is the loop -hole that your attorney is referring to?

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

She's referring to my husband being able to adjust his status to a permanent resident through our marriage WITHOUT having to leave the country, once he gets approved for DACA. Normally, he'd HAVE to leave because he came in without inspection, it'd go like this: Petition him, he gets approved, has to go to Ciudad Juarez for the interview, once he's there he has to wait in Mexico for his permanent resident card to come back. If I get 1601a approved, it'll be days or weeks. if not, it could be months or years, we won't know for sure.

This is how the "loop-hole" would go (according our lawyer): DACA gets approved, I petition him, we request an adjustment of status with him still in the US, he becomes a permanent resident, in a few years can become a citizen.

This would be awesome but I'd like to know where your lawyer got that info from because it is too good to be true.

you have read the part on the instruction pages of the I-601A where it states that one will still need to LEAVE the country for their visa interview, right??

basically what the I-601A does is lift the 3 to 10 year ban that one may occur when one is illegally in the country. it DOES NOT allow one to remain in the country while applying for AOS nor does it granted any legal status.

i would advise you get a new lawyer who knows how to read the instruction pages of an application before they tell someone something that is not true.

Navarro Law Group. 444 S Brand Blvd. Suite 204. San Fernando, CA 91340 Phone (81 365-6777

I'm skeptical about it too, that's why I'm trying to see if anyone else has gotten this information too, or if anyone can confirm it

My lawyer said when your approved for DACA you can file for advance parole. Therefore you re-enter with inspection and no longer have to leave to adjust status through marriage.

This is great news!!! So that means you'd be saving yourself like $6,000!!

To OP: Do you know much money will your lawyer charge you if she were to work on your husband's case?

With advanced parole there is no guarantee in re-entering. Some people around here have done it already. But it's still risky. Of course if you are allowed re-entry then yes you can save a good chunk of change and no need to file for the hardship waiver.