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DAP Forums > DREAM Act > The Lounge

Is AOS or getting your residency "easier" when married to a USC if you have DACA?

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#1
01-09-2017, 04:40 PM
Junior Member
Joined in Jan 2017
1 posts
Zayra93
0 AP
I've been wondering about this for a while, I've been with my boyfriend for a little over 5 years. we have talked about getting married sometime this year, I was wondering has anyone gone through this process that would like to share their story?
I came here illegally when i was little and eventually i applied for the Dream Act.
Everyone that i know keeps telling me that if he does help me that the process would be "easier" since i have the Dream Act but i'm wondering if that is true. I still came into the US without inspection i don't see how that would make the process easier.
Any input would be appreciated it. If anyone would like to share their stories that would greatly help.

Thank you!
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#2
01-09-2017, 05:04 PM
Senior Member
Joined in Nov 2008
606 posts
chopstix
0 AP
Quote:
Originally Posted by Zayra93 View Post
I've been wondering about this for a while, I've been with my boyfriend for a little over 5 years. we have talked about getting married sometime this year, I was wondering has anyone gone through this process that would like to share their story?
I came here illegally when i was little and eventually i applied for the Dream Act.
Everyone that i know keeps telling me that if he does help me that the process would be "easier" since i have the Dream Act but i'm wondering if that is true. I still came into the US without inspection i don't see how that would make the process easier.
Any input would be appreciated it. If anyone would like to share their stories that would greatly help.

Thank you!
First of all, there is no Dream Act. Dream Act never became a law, Senate/House talked/voted to pass the Dream Act Bill or similar for the past 20 years but did not happen so let's try to use the correct term. DACA (Deferred Action for Childhood Arrival) is executive order signed by the President Obama which can be taken away at any time. Especially when the new president is sworn in. It's not a law, it's a temporary action to not deport people like us and allowing us to work, drive etc.

I don't see DACA helping AOS, and you don't need any help once you get married to USC, because you are eligible to AOS as of right. However, since you entered without inspection and I'm guessing you never applied for AP to re-enter. You may need to file I-601 (correct me if I'm wrong, fellow dreamers!) so you don't have to move back to your native country to adjust your immigration status. Unless you are unable to obtain a lawyer, you shouldn't ask questions here because you want to do this right the first time.

I strongly suggest to hire a lawyer. It seems like you're not really sure about your 'status' and 'situation' in the United States. It's your life after all, because we are living in unique situation, unlike other documented folks, you MUST STUDY your rights, situation because at the end of the day no one cares for you as much as yourself. I think the lawyer charges any where from 1,000 to 3,000 for AOS. Please consult with a reputable lawyer near home.
__________________
Application sent:9/7/12-self (EAC-NYC)
I-797c notice: 9/20/12 | Biometrics: 10/18/12
Approval Notice: 12/10/12 | EAD: 12/17/12 | SSN: 1/2/12
Last edited by chopstix; 01-09-2017 at 05:20 PM..
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#3
01-09-2017, 05:28 PM
Senior Member
Joined in Dec 2012
198 posts
ffabbess91
0 AP
Quote:
Originally Posted by chopstix View Post
First of all, there is no Dream Act. Dream Act never became a law, Senate/House talked/voted to pass the Dream Act Bill or similar for the past 20 years but did not happen so let's try to use the correct term. DACA (Deferred Action for Childhood Arrival) is executive order signed by the President Obama which can be taken away at any time. Especially when the new president is sworn in. It's not a law, it's a temporary action to not deport people like us and allowing us to work, drive etc.

I don't see DACA helping AOS, and you don't need any help once you get married to USC, because you are eligible to AOS as of right. However, since you entered without inspection and I'm guessing you never applied for AP to re-enter. You may need to file I-601 (correct me if I'm wrong, fellow dreamers!) so you don't have to move back to your native country to adjust your immigration status. Unless you are unable to obtain a lawyer, you shouldn't ask questions here because you want to do this right the first time.

I strongly suggest to hire a lawyer. It seems like you're not really sure about your 'status' and 'situation' in the United States. It's your life after all, because we are living in unique situation, unlike other documented folks, you MUST STUDY your rights, situation because at the end of the day no one cares for you as much as yourself. I think the lawyer charges any where from 1,000 to 3,000 for AOS. Please consult with a reputable lawyer near home.
I think he obviously knows he needs professional advice. He is here asking a very simple question whether having DACA speeds up the process. It's actually a good question seeing as how we are already in the system but the answer is no. It's considered a new application, that's why we have to do our biometrics again and have to go thru even more test. You as someone with DACA should at least know what's the name of the program that gave you legal status but that's why you are here. We can only help you with personal situations that we ourselves have gone thru. Ask ANY questions you'd like but before you do make sure you scan this website and read EVERYTHING because there's a chance it's been asked before.
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AOS Application sent 12/10-15/16::: Notice of action 12/22/16
Bio letter received 1/15 ::: Bio appointment 1/31::: EAD Arrived 4/4/17 ....Interview: 6/14/17-Approved on Spot
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#4
01-12-2017, 06:54 PM
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Joined in Jan 2011
96 posts
Tanzina009's Avatar
Tanzina009
0 AP
Unless you own a company worth half a million dollars, or are in irreplaceable employee in a company that wants to pay to sponsor you, there is no other way to get residency other than marriage. DACA is not a pathway for AOS. If you entered illegally, you have to get advanced parole while you still have DACA, because you can't AOS unless you have proof of legal entry in addition to marriage, owning a profitable company, or company sponsorship.
__________________
AOS Timeline...more details at: http://tinyurl.com/h7hggbj
Date applications sent: 09/29/15
Biometrics Apt: 11/10/16
Case ready to be scheduled for an interview: 11/25
Approval Notice for (only) Advanced parole: 12/29/16
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#5
01-12-2017, 08:12 PM
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Joined in Dec 2012
56 posts
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K_karla
0 AP
It doesn't necessarily help because it is an all new application. However when you apply for AOS, you apply also for an IED, which you should already have. Definitely talk to a lawyer about it. My lawyer was very straightforward about the process and told us basically to sit tight.we filled up my AP in November, did bios last month, and now are just waiting to hear back. She had me fill out a form for a new IED in case mine expires before the date of our interview. That way she can just send it in if we need to.
__________________
App sent: nov 5--- App received TX SC:nov 7 --- Bio done: dec 5 --- RFE notice: dec 17 --- RFE received by me: jan 1 --- RFE sent: jan 4--- RFE received by TX SC: jan 8 --- EAD approval: still waiting....
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#6
01-13-2017, 09:08 PM
Member
Joined in May 2016
86 posts
fernando23
0 AP
If you're married to a USC and you have DACA it does make it easier and faster. You just need to get the Advanced Parole, leave the country to clear your illegal entry and then apply for AOS otherwise you would need to go thru the "pardon" process which takes a lot longer and harder because you have to prove why your family needs you here.

With that said, the AP loophole is all up in the air now because of the new administration and the uncertainty of the DACA program because without DACA you can't really apply for the AP.

I would wait now and see if DACA remains and if it does you should totally go the AP way. Hopefully they still let daca people apply for it.

Check out the thread called DACA to AOS, it'll answer a lot of your questions.
__________________
DACA May 2013 - Renewal May 2015 - AP May 2016 - AOS Received (Chicago) 9/15/16 - Biometrics 10/12/16 - Interview Scheduled 12/14/16 - Interview 1/20/17 - Green Card Approved 1/20/17
Last edited by fernando23; 01-13-2017 at 09:11 PM..
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