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DAP Forums > DREAM Act > The Lounge

DACA recipient marriage to H1 visa holder

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#1
11-30-2016, 01:23 AM
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Shikagoan
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My sister is a DACA recipient. She entered the United States legally in 1999 with my parents when she was 14 years old, i.e., she was inspected by immigration officials at the port of entry. She is interested in getting married to an H1 visa holder who applied for permanent residence through his work. He was finger printed but his file is stuck in name check for the past several months.
If they get married, is it possible for her to get Adjustment of Status and be added to his application for permanent residence as a dependent? If he gets approved for permanent residence, is it likely that she would also get her permanent resident status the same time as he gets his ..or is it too late? Please advise.
Thank you
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#2
11-30-2016, 01:42 AM
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CesarTheSuper
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No. I think her significant other would have to be a citizen.
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#3
11-30-2016, 04:09 AM
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Ianus
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To answer your questions, here are some tidbits and information.

-Unlawful presence cannot be forgiven as the spouse of an H1 visa holder or Permanent Resident. Only US citizenship can confer that forgiveness for the petition to successful go forward towards adjustment. Basically, in the eyes of this country, it is more of a respect for the rights of the US citizen under the Constitution.

-Permanent Residence through H1 can take time dependent on if a visa number is available. The immigrant category also plays a significant role in wait times.

- It is not possible for her to adjust through him because 245i is no longer law and I assume the petition was not made prior to 2001.
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#4
11-30-2016, 07:52 AM
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Crilly
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No is not possible.
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