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DAP Forums > DREAM Act > The Lounge

Married. Can I Change my Status? - Page 2

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#11
11-08-2012, 08:57 AM
Member
Joined in Sep 2012
36 posts
tangelo
0 AP
Hours after i made my last post, im still deeply concerned about your legal representation... Go to this site and watch some of the videos. She is very informative and helpful.
http://www.scottlegalfilms.com/index.html
__________________
Husbands App Sent: 09/17/12 | Nebraska SC | self-filed
APPROVED 11/01/12! | TX DL 11/13/12!
Background: EWI age 5, pre 1990 | hired attorney (pre-DACA) for our I-601 process | complicated I-130 pending
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#12
11-08-2012, 10:17 AM
Senior Member
From Minnesota
Joined in Nov 2009
6,010 posts
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Demise
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Find yourself a better lawyer. Leaving for a year or two does not help you in any way, more than leaving and applying for a waiver the same day you left (unless you decide to leave and wait the 10 years of the ban). One way or another you'll need to request a I-601 hardship waiver.DACA doesn not grant you legal status, it does grant legal presence or "legal authorized stay" however that does not pardon any previous EWI, illegal presence, or any other inadmissibility.

However there is a possible loophole. Since you're under DACA you can try to apply for advance parole (you'll need to have some sick relative abroad, or some educational event, or your employer needs you to travel abroad), leave US on advance parole, then try to return. If they let you back in (they don't have to, and if they do be prepared for an interview on the airport) you'll be considered to have been paroled in and you'll be able to adjust in the country. If they don't then you'll have to go through the I-601 waiver, in case of which get a really good lawyer, those waivers take a phonebook of evidence most of the time.

If your husband was/is part of the military then you can apply for "parole-in-place" which basically means that you are considered paroled in without the need to leave US.
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LPR these days
Last edited by Demise; 11-08-2012 at 10:23 AM..
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#13
11-08-2012, 10:56 AM
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Joined in Jun 2009
26 posts
[email protected]
0 AP
Thanks guys! I am not leaving any time soon. Actually it looks like I am not leaving at all. I just wanted some advice. And yes, I was also very skeptical about this lawyer. I always do my research before I do any move. I will be looking for other lawyers soon. And yes I know that DACA does not give us legal status. The lawyer told me this, I was like "WTF? I should post a question on the forum.... this guy seems to suck" Thanks!!
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#14
11-08-2012, 11:18 AM
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From Donna, Texas
Joined in Mar 2012
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Umanzor44
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Quote:
Originally Posted by [email protected] View Post
I recently got DACA approved (along with a work permit). I also recently got married to a USC. Now that I am legally in the U.S, I wanted to switch my status. I came to the u.s without inspection. I went to a lawyer (before DACA) and he told me I had to move to Mexico for a year or two in order for my husband to immigrate me (because I had entered the country illegally). Now that I am here legally (becasue of DACA) my lawyer told me I don't have to move to Mexico anymore (I can do the process within the U.S) Has anyone tried this? Now that we are here legally can we just switch or try to obtain a green card? Is this possible? Is there anyone out there who is currently married, and has been approved for DACA? What will you be doing next?
Hold off on filing for residency, there is a law that is about to pass that states if you are married to a USC you do not have to return to your country of origin to wait. If you do leave you run the risk of being barred from the United States for 3, 5, or even 10 years. I know this because my mom is married to a USC and she is waiting on the law.
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#15
11-08-2012, 11:31 AM
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Joined in Oct 2012
567 posts
Cloudless
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USCIS is proposing to implement 'provisional waivers', which means you can file the waiver in country, instead of the current rule that makes you file abroad and wait there for months.
http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

However, you still need to file that waiver, otherwise you are subject to the 3 or 10-year bar of entry.
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#16
11-08-2012, 06:43 PM
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Joined in Apr 2012
814 posts
DamLeon123
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"Hold off on filing for residency, there is a law that is about to pass that states if you are married to a USC you do not have to return to your country of origin to wait. If you do leave you run the risk of being barred from the United States for 3, 5, or even 10 years. I know this because my mom is married to a USC and she is waiting on the law. "

They will be lucky if they do not have to pay a fine.
My mom had to pay $100 trillion dollars!
Ha, just kidding, it was "only" 1000 buck-orus!
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