Thread: DACA to AOS
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#3061
02-24-2019, 02:24 AM
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Joined in Feb 2015
2,064 posts
DACA-IR-DA
Quote:
Originally Posted by GMUdreamer View Post
Hi everyone, I have an AOS question. I came into the country inspected (I have an I-94). I have a voluntary departure order against me because my mom was denied asylum and I was tied to her case.
If I were to marry a USC, what would the process be for me to adjust?

Would I need to go the waiver route and go back to my country for consular interview or would I be able to have the removal order removed and adjust while in the US? Also, would it be better to wait for the result of 2020 election or does that matter?

I'm asking here because I went to 2 lawyers and got conflicting answers.
Quote:
Originally Posted by Ianus View Post
Sorry to hear about your situation being tied to your parents. Most dreamers only find out about such a thing later in life and are tasked with tough decisions.

To be clear, your voluntary departure order likely became a final removal order when your parent did not depart as instructed. Any process would have to go through an immigration court.

So far, I can say that the courts and the prosecution are pretty much the same thing. There is almost no discretion going on at this time and is likely very difficult to have anything done here.
If the voluntary departure did change to final then the alien should get a NTA right for the court hearing? IJ has the power to COR and grant GC.
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