QUESTION

Can a DACA applicant request residency through us citizen marriage?

Asked on Oct 06th, 2014 on Immigration - Kansas
More details to this question:
I am currently in legal status thanks to DACA, my boyfriend of 2 years is wondering what would happen if we got married. He is a us citizen. I entered the country illegally, I've now been living here for 12 years. i have a us citizen son who is 3 years old. and would like to know what actions should we take so that our family doesn't get separated.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Since you entered the country illegally, you would not be able to adjust status to permanent residence in the U. S. You are a candidate for the Administration’s I- 601A program under which your husband would file an I-130 relative petition on your behalf, and upon approval, you would file an I- 601A application for provisional waiver of illegally staying in the States with U.S.C.I.S.  If U.S.C.I.S. approves the waiver (which is based upon establishing extreme hardship to a U. S. citizen spouse or parent), you would then consular process your case at the American consulate or embassy in your home country. The interview would usually be a normal interview since you would have already obtained a waiver of the 10 year bar for staying illegally in this country. There is also a possibility that you may be able to adjust status if you are able to obtain an advance parole to leave the U. S. and reenter legally on parole status. That is not a certainty at this time, however.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Nov 01st, 2014 at 12:36 PM

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