DACA applicant married to US Citizen or Permanent Resident - Page 2

Thank you so much you guys!! I'm very excited to hear this amazing news...my husband and I just had our first child together in April, so I've been really reluctant about seeing him leave. But he did tell me that his paternal grandfather (he was named after him) is sick in Mexico, and he doesn't have much time left...so hopefully my husband can go visit him before he passes and then adjust status here in the US. I'm feeling very hopeful

I'll have to ask her for a new quote in just doing the adjustment, but she did mention $1000.00 to my husband...he said it was for the DACA, but I'm not sure if that included the adjustment of status, too. We chose to do it directly through USCIS, so I'll ask for a new figure.

Not true I am married to a US citizen and my lawyer said the only way to get a green card was to leave the US since I came in with out inspection.

Yes, you do have to leave the country. Did you apply for DACA? How are you adjusting your status? Will you apply for advance parole?

Exactly. You apply for advance parole. Leave the US and re-enter with inspection. After that you adjust status within the US.

If he has enough paperwork to prove he qualifies for DACA, why not do it himself instead of paying a lawyer for that, since DACA application is pretty straightforward. The adjustment of status is a different deal, so probably get a lawyer for that.

I don't know of any loopholes for what the lawyer described. Using Advance Parole through DACA is an option, but IMO it's risky without another 'fallback option'. The issue there is DACA processing times, which could be 6 mths to a year before it's an option.

Maybe ask a lawyer if proceeding with both DACA & AOS is a good idea.. In other words, apply for DACA, apply for AOS, and then 601-A Waiver, all while he's here and waiting for DACA. But it would all be expensive

But, ideally, he could get approved for DACA, then apply for Advance Parole under that. He may also get approved for Adjustment of Status/601 Waiver.

So essentially, he could have two options to choose from, travel & wait outside the US for Visa with 601 Waiver, or travel & come back with AP to fix EWI, which then allows him to adjust here. Either way good luck!

I applied for DACA in march but I also applied for a U visa in May of 2012 and it actually just got approved jul 1st 2013. So now I have status and I can apply for a green card after 3 years. That's why I said its not true now that I have status it would mean that I can get a green card tomorrow because I am married to a US citizen but not true. I don't care about my DACA anymore since it doesn't lead to a green card and my u visa does. Good luck to all of you. When I found out I got approved it felt like the same feeling when my daughter was born .. Words can't describe it.

That's waaay too expensive.

My case is very similar to your husbands I'm married to a USC and its true what they say about advanced parole but I think its way too risky in that case the provisional waiver is safer but more expensive. Another think you can do is wait for CIR which probably will include 245i which help us adjust our status here in the US without having to leave

We already filed his DACA application, so I'm hoping his approval will come before February 2014. It was easy enough, but I'll definitely be using our lawyer for whatever comes next, whether it's his I601a waiver or advanced parole. It'll really come down to assessing the risk, cost and qualifications involved with each option, and how likely approval is to be as well as a successful outcome. I keep reading that advanced parole is risky, but what's the risk exactly? That he won't be let back in? I thought that's what it was for, so he could leave and come back with permission?