Married. Can I Change my Status?

[email protected] · 11-07-2012, 09:42 PM

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?

Mimirocks777 · 11-07-2012, 09:50 PM

wow my uncle married a usc and was here illegally and only left with her for a month then got approved as a legal resident. But I believe your lawyer about not having to leave since you were granted deferred action now.

carnivore · 11-07-2012, 09:52 PM

We are not here legally

JJ Glo · 09:59 PM

DACA and the work permit by itself does nothing to help you during adjustment of status. If you entered into the U.S. without inspection, you still need to leave the country in order to adjust because while you have lawful presence with DACA, you still don't have lawful entry. I don't know why your lawyer told you that it's not necessary.

There might be other options though, you should read this.

http://musingsonimmigration.blogspot...stment-of.html

vmd · 11-07-2012, 10:02 PM

I would agree with the other people. Unless you are covered under 245i, you have to leave the country to adjust status.

I will have to say is get a second opinion from another lawyer. You should also return to your lawyer with more questions, and bring up 245i derivatives for adjustment of status.

DamLeon123 · 11-07-2012, 10:02 PM

If you leave you will trigger a ban. How long in the US were you without status before you got DACA approved? If it was a few years then the ban in 10 years. With DACA you are not given legal status you are just not acquiring any more unlawful presence.

Are you sure your lawer told you that because you got approved for DACA you did not have to leave the US? This is not true.

I am under 245i and can adjust status eventhough I am EWI because my mom filed for me before march 2001 AND had to pay a $1000 fine. Congress made this happen.

If you leave you can get a waiver. BUT be aware that it is only granted if you an prove that your absence will cause extreme hardship to a US citizen. This is very risky.

AB323 · 11-07-2012, 10:32 PM

Quote:

BUT be aware that it is only granted if you an prove that your absence will cause extreme hardship to a US citizen. This is very risky.

If you have kids, this will make it easier since your kids would be USCs.

bigdreams92 · 11-07-2012, 11:02 PM

These is a new provisional waiver that is coming out I think it's already came out if I'm not mistaken for people who came her EWI And trying to adjust you don't have to leave anymore you just have to go there for your visa appointment. Look up immigrate2us.net they should have more info

Ely903 · 11-07-2012, 11:38 PM

I think you need to get a second opinion from another attorney before you decide on what your next move is. I tell u from experience(- nothing of this matter though).

tangelo · 11-08-2012, 01:03 AM

As someone who is in the process of changing my husbands status, I highly recommend you get a new attorney because a) DACA does not make you legal and b) how you adjust depends on how you entered and if anyone has ever previously petitioned you.

Spend time doing a little research and dont believe everything everything your attorney told you just because it's an attorney. Before we chose our current attorney, we did a consult with someone who told us the wrong process 9 months after it had changed..

The provisional waiver program has not come out yet, most people in the know think it will happen in December.

These 2 are helpful sites for info:
http://immigrate2us.net/forum/forum.php
http://www.smf.juarez-mexico.com/index.php

And this post is from the sites of a well regarded attorney who specializes in the I-601 waiver cases;
http://www.scottimmigration.net/content/OptionsNow

Options for Legalization Available Now

AOS or Waiver
Most aliens who entered with a visa, overstayed and subsequently married a US citizen can apply for Adjustment of Status (AOS), i.e. apply for a 'green card'. An alien who entered the United States without inspection and has a US citizen or permanent resident spouse or parent might be eligible for the foreign-filed waiver process. The process requires the alien to depart the United States for approximately three to fifteen months or more, though starting near the end of 2012 new procedures will substantially reduce the time abroad for the majority of applicants. Certain history may make the alien ineligible for the process

Asylum
Asylum is available to aliens who apply less than one year after entering the US and who can prove a credible fear of persecution in his home country and prove that the persecution is at the hands of the government and is because of the alien’s membership in a religious, ethnic, political or protected social group.

245i
An alien may be eligible for adjustment of status under INA section 245(i) if the alien has been present since at least December of 2000 and had an I-130, I-140 or Labor Certification application filed on his behalf before April 30, 2001. Certain history may make the alien ineligible for this form of relief.

Cancellation of Removal
An alien who is in deportation/removal proceedings may apply for a green card in front of a judge if the alien has been continuously present for at least ten years before being placed in removal proceedings, can prove exceptional and extremely unusual hardship to a US citizen or permanent resident spouse, parent or child, and has been a person of good moral character (i.e. no arrests) for at least ten years.

TPS
When a country experiences a major natural disaster or war the government may place that country on the list for Temporary Protected Status (TPS). If an alien is present in the US in any status or out of status when his country is placed on the TPS list, he is eligible to apply for TPS, which gives temporary lawful status. Most grounds of inadmissibility will not prevent an alien from getting TPS
.

Victims, Witnesses, & Other
There are types of relief are available to victims of severe trafficking and criminal acts (T and U visas), victims of domestic violence at the hands of a US citizen or permanent resident spouse or parent (VAWA), and material witnesses to crimes (S visas). There are also several other rare types of relief, most of which are only available to people who have been in the US for at least fifteen years. Always discuss your options with an attorney.

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Married. Can I Change my Status?