DREAM Act Portal Forum - View Single Post - DACA to PERM (employment based residency)

dreamer01100101 · 02:58 AM

Quote:

Originally Posted by deiguer

Hello,

I am hoping someone here can offer some info/experience on Applying for permanent residency based on employment when on DACA. I hava DACA since 2012 and have been working for the same company since 2013. They and I wanted to apply for me via the Petition for Alien workers. However, after talking to one of the lawyers, he advised us not to because it will be too risky for me and for the company, given that I didnt have a status from when i turned 18 (in 2004) until 2012 when i was able to get DACA. He said that because of that I would be subject to the 3-10 year ban if i try to apply despite the fact that I came here with a visa and checked in. Does anyone know if this is true? I thought they 3-10 year applied when you come here unchecked (through the border).

I am doing an EB3 through a tech company in silicon valley. The only risk for the company would be to lose the money if your waiver gets denied and you can't go through consular processing to get your immigrant visa. It's true you'd trigger the 10 year ban if you leave. However, as Demise pointed out, you could apply for a provisional waiver. Also, being on DACA has nothing to do on whether you are able to get a GC or not. It only affects us in that we cannot go through adjustment of status. This changes if you have immediate relatives though.

I am doing a hardship waiver through my parent. It's a long shot, but it doesn't hurt to try. Specially if the company is the one paying for the whole process. You need the waiver even if you didn't work illegally, you failed to maintain status and thus you will trigger the ban when you leave unless you get a waiver granted. If you are in a similar situation, I'd recommend you apply.