Guide to work sponsorship/green card for DACA deferred action work permit holders.

Guide to work sponsorship/green card for DACA deferred action work permit holders.

4 random helpful comments will get a $10 chipotle or pizza-hut or you_name_your _favorite_lunch gift card. I'll announce the lucky 4 before new years 2014.

Hi fellow dreamers and everyone. I received a BA in geography. I studied a whole bunch of linux/centos books after college. I was approved for a 2 year work permit through DACA. Thank The Almighty, I was blessed with a job as a junior linux/systems admin at a datacenter in Los Angeles. It is an IT information technology related job so maybe there are special visas for that I don't know. But my degree is non-technical/social science.

After working one year, my employer is willing to sponsor me to become a permanent resident. They need me to become a citizen. There are certain parts of my job that I can't have access to and work on unless I become a citizen. They are a small company less than 10 people. They are willing to fill out all the paperwork to sponsor me but they don't know how or where to start.

I arrived in the US with a visitor visa when I was 4 years old in the late 80s. That vistor visa expired a long time ago. I am currently going through the court system, in removal proceedings because of the expired visa. I have a pending asylum application. My next hearing date is sometime in early 2014. Would I be able to submit to the Judge an employee sponsorship application? What is the technical term/form number that I need to submit if there is such a thing.

I am asking if anyone has any info/guides/pdf manuals/website links/forms on permanent residency or citizenship through employee sponsorship for people in a similar situation as me who have a work permit but no visa. Leaving the country is not worth the risk for me, in order to get a current visa, due to inadmissibility bar.

I'm also not sure how to fix my name/birthdate/birthplace through the court system. My degree/DL/work permit/passport have one name/DOB/birthplace. But the court system as a different name/DOB/birthplace. The first four letters of my first name are the same in both. And the year is the same in both.

I have come across a lot of forum posts/ links such as this that say it is impossible.
http://www.uscitizenship.info/articl...s-green-cards/
I'd like to know if it IS possible or if there are special legal maneuvers or forms or paths or things like that.

If it is not possible then I'll take those credible links to, then I can show my employer that it is not possible and just shrug my shoulder and be like hey it's not possible. Also if you know of a hard working affordable attorney around downtown Los Angeles I'll take phone numbers and references to.

I am much grateful for any info Thank You!!

I know this may sound kind of obvious, but wouldn't your employer need to get a lawyer to file all of the paperwork and to identify any kind of pitfalls depending on the nature of your case? Just a suggestion.

It is impossible unless you're covered under 245(i).
In order to be covered under 245(i) you or a person you were dependent of (parent or spouse), must have had a green card petition (I-130, I-140 (or PERM with DoL), I-360, or I-526) filed on their behalf on or before April 30th 2001, (and if the petition was filed on or after January 15th 1998 - you have to demonstrate that the primary beneficiary of the petition was physically present in US on December 21st 2000).

Otherwise you're not eligible to adjust status via work since you have failed to maintain continuous lawful status for a period longer than 180 days.

Only way you could adjust status is either via:
1) Your asylum case, assuming you win it.
2) Via marriage to a US citizen (note however that marriage entered into while in removal proceedings, which includes asylum cases, get's looked at under a microscope).

on point. I'll only add that since both (1) and (2) will cure your status, you do not need to be sponsored by an employer. In other words, the fact that an employer is willing to sponsor you is of no help to you. (I was in a similar situation.)

Would sponsorship work if you haven't accumulated any unlawful presence yet? Just curious.

are you cover under 245(i)?

dude i just want the gift card...

Yes. As long as you have less than 180 days of illegal presence, you can just depart US and undergo consular processing abroad. Any time spend in US illegally under the age of 18 doesn't count against you, neither does time spend in deferred action. Also if you applied for deferred action before turning 18, any time the application was pending also doesn't count against you.

You will not be allowed to adjust status via employment in US since you failed to maintain continuous lawful status, however you will still be able to get an immigrant visa at a consulate and subsequently return, assuming you have less than 180 days of illegal presence.

Would the last part apply to a minor? It wasn't a willful unlawful stay () I'm still under 18, so under that logic I haven't been accumulating any unlawful presence. Plus I have DA for the next year. Is it possible to change my status without marrying, while staying in the U.S (ex. Sponsorship)?

I have been considering this option for a while now. Maybe try to return on a student visa if CIR doesn't pass.


Sorry for all the questions. I know I should probably try and consult with a immigration lawyer about this, but consultations cost $.

Yes, the last part does apply to a minor. You need to be in continuous lawful status to be able to adjust status via work, unfortunately in this case period spend as a minor counts against you.

If you stay covered under DACA and find some employer to sponsor you, you will not be able to adjust status in US, however you'll be able to just leave, and pick up an immigrant visa in a consulate abroad.