DACA recipient to adjust status through marriage !

How are are ! All

My current DACA expires April 2021. My wife became US naturalized citizen on Dec 9th, 2019. Our attorney submitted our I-130 and I-485 on Dec 18th, 2019. USCIS have received our applications on Dec 30th, 2019.

My attorney found out that I have final removal order entered in absentia against me in July 2000. But it shouldn't be an issue because " an Order of Removal in absentia makes you inadmissible and ineligible for a number of forms of relief from removal, such as voluntary departure, cancellation of removal, and adjustment or change of status, for a period of ten years after the date of the removal order. " I have done a lot of researches online about how paroled arriving alien can file adjustment of status without leaving the US (if you have I-94 card).

I was brought into US by my mom in March 2000 when I was 13 yrs old. After released from custody, we were issued I-94 card, on the card it is stamped " we are paroled arriving alien". My mom applied for asylum, unfortunately we had a bad lawyer who failed to notify us of the hearing date and also failed to update our correct mailing address with USCIS. Therefore we did not attend the hearing. The Immigration judge ordered removal in absentia.

My attorney said he will file to terminate my removal order once the I-485 is approved by USCIS. Based on my researches, the attorney seems to be right.

Does anyone has the same circumstance like me who successfully adjusted your status ? Could you share your experience with me please?

*I attached some of important documents regarding adjustment status for arriving alien. Anyone who is facing the same situation can take a look . It might be helpful to you

Thanks very much !

Well normally you cannot file I-485 with USCIS while in removal proceedings, which includes having a final order. The reason for this is that in most cases being placed into removal proceedings moves the jurisdiction over I-485 from USCIS to the Immigration Judge.

There is one exception to the above rule and that's for "arriving aliens" which is a fancy way of saying Parolee, where even if placed into removal proceedings USCIS still maintains jurisdiction over your case. Basically a bunch of court decisions from back in the day when conflicting regulations caused nobody to have authority over I-485 of arriving aliens.

So yes, your lawyer is right, you can file for AOS now and deal with the removal order after your green card is approved. The main argument will either be missing notice and bashing the former lawyer, or/and request for sua sponte reopening and termination since being a permanent resident and having a removal order puts you in a very strange position where you are ordered removed for reasons which are no longer valid.

Thanks for replying. Do you have absentia removal order against you as well ?

I have done a lot of researches online recently. I found out that a lot of people who had unexecuted removal order against them at the time when they filed for AOS, but they all successfully got their I-485 approved.

I believe the only difference between "regular removal order" and " absentia removal order" is that an absentia removal order carries a 10 year bar for adjustment after the date of the entry of the final order of removal. In my case, my absentia removal order was issued on July 2000, Now it's 2020, it should not have any impact on my AOS application.

Hopefully everything goes smoothly ! God please help me !

Yeah the 10 year bar associated with an inabsentia order already passed, you'll be fine.


Regarding myself, I used to have one, but I got the proceedings reopened and administratively closed back when I was married to my ex.

Very informative. I have a removal order too and I’m about to get married and file for my green card. I was worried about this but after some research and seeing what you guys wrote here I feel much better.

Has your I-485 approved yet ?

Still waiting on my I-360.