Renew DACA after filing i130 & i485

Hey guys,

As you may have seen this is happening during AOS interviews:

Philadelphia Husbands Fight ICE Arrest During Green Card Interview

A Marriage Used to Prevent Deportation. Not Anymore.


ICE arresting spouses seeking legal residency

Married Immigrants Seeking Green Cards Are Now Targets for Deportation

The situation is getting really scary. In Boston recently a judge ordered ICE to stop doing this, but anywhere else it seems its still practice. Now some of you may say "they had an order of deportation, etc." Yes so far that seems to be the case, the issue is some of these people received those deportation orders when they were as young as 3yrs old. They thought they were safe. Also requesting a FOIA according to USCI's website "There are a number of immigration records available by request from USCIS; however, some records can only be obtained from the U.S. Department of State (DOS) or other DHS components such as Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP)." So that put my hopes down a lot. I did call the toll free number from the DOJ 1-800-898-7180 and the machine could find no records open on my A#.

So far so good I think, but honestly most of the cases I see every week are of gay men. So that worries me. Also my DACA will expire in September 11. I just got noticed that USCIS received my case today. Chances are by the time we get to the interview my DACA will expire. To have DACA I need to file 765.

I just filed my i130 & i485 along with a request to renew my 765 c(9) and I asked for AP, so my question is this: should I file for daca and request another 765? I won't be able to AP with that one. Do I need to file for the 765?

Has anyone been through this? Any insight into this would help.

Has anyone gone to a marriage interview when they no longer have DACA? Thanks!

If you’ve already submitted an application of AOS thru marriage, you don’t need to renew your DACA... at least that’s what my lawyer told me. I was granted DACA but it’s expired and I’m in the midst of filing my AOS through marriage.

you don't need to file for DACA. You will get an EAD while you wait for your LPR interview.

Thanks everyone! I just hope I get my EAD before I expire. I filed in May, and expire in September. Let me just say I didn't know that I wouldn't be sent to Nebraska as I usually do for AOS. MSC takes forever so I am legit scared that my EAD will expire before the replacement is shipped.