How I can change my status to PR from DACA.

Hi Guys,

I am open to any suggestions. I have a removal order since 2005. I entered the US legally on B2 visa. I am currently on DACA. I am married to USC I have 3 kids with her. Who are also USCs. How I can change my status to PR. I also recently purchased a home in NJ. My lawyer is suggesting to do prosecutorial discretion once Biden reopens the program. I tried Joint motion to reopen. That did not work out either.

Any good lawyer here that can advise what to do or anything else I can try. I am just frustrated.

That sounds complicated and I would not try to this on my own.

I think someone here might be able to explain, more or less, what forms need to be filed but you should hire a lawyer.

good luck!

Can you provide more info -- how was the removal order given? Reason I ask, is because I'm in the same situation brought here in 2001 with a B2, but received a removal order after a failed attempt to get political asylum when I was minor through my mom.

I'm working with a lawyer, after getting 3 different opinions who agree on the same process:
1. apply for I-130, without adjustment for status, only the I-130
2. request joint motion to reopen case once the I-130 is approved
3. if the motion passes and the judge allows me to move forward with Adjustment of status I should be okay
4. if the motion fails, i have to ask for a pardon go through the consular process, which is leaving the country to your home country and wait to get permanent residency from there. This adds 2-3 years but if you have DACA you can do majority of the time from the US.

The key thing is that you only get one chance to reopen the removal order, unless you can prove that the first chance wasn't fair or not up to you.You and your lawyer will have to figure this out.

It is very important to hold DACA while the whole process is going through, that way when you go see a judge they don't deport you, and you are able to stay and try to do as much as you can from the US.

My Lawyer Suggested the same process. its just frustrating

Why did your joint motion to reopen not work out?

Other side didn't want pursue. Said its not the right time. That was under Orange man administration. Now that we have Hillary 2.0 administration lets see what happens.

You entered legally with visa , then you are inspected and admitted . I assume you have I-94 card as well .
I think in your situation , maybe you can go ahead to submit i-130 and I-485 with USCIS . Once I-485 is approved , you can file Motion to reopen and motion to terminate with immigration judge .

I already have I-130 approved. But I dont think I can file for I-485

Correct! you have to take care of the removal proceedings first, before asking for adjustment of status.

It's great that you have the I-130 approved. I know it's taking a while to see judges now, so talk to your lawyer to see what is faster: going through the judge or doing the I-212A. The Lawyers I talked to said it's worth it to give it a shot with a judge as long as you have DACA, and hope they grant us the exception.

And yeah it's a long process, not the standard adjustment of status.