QUESTION
Can I apply for deferred action and then still obtain permanent residency through 245i?
Asked on Oct 06th, 2013 on Immigration - New Jersey
More details to this question:
I am grandfathered by 245 I and I also qualify for deferred action. Can I apply for deferred action and then still obtain permanent residency through 245i? Can I "combo” these two laws?
4 ANSWERS
If you are protected under 245i why not just adjust through that if the priority date is current? If you cannot for some reason, then you can still obtain EAD through DACA. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Oct 08th, 2013 at 1:07 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. You can apply for DACA now and then apply for adjustment of status under 245(i) at a later time when you become eligible.
Answered on Oct 08th, 2013 at 10:08 AM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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If you qualify for adjustment of status under 245i, you should file that application if you can. DACA has nothing to do with adjustment of status.
Answered on Oct 08th, 2013 at 3:52 AM
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As long as you do NOT have status in the US then you can apply for DACA. DACA should serve to provide you with a "form of status" while you pursue the PERM process. Once the PERM process is approved and the I-140 is approved then you should be able to file for Adjustment of Status in the U.S. under 245(i). There are many nuances associated with the strategy that you are asking about. For example, you may want to double (or triple) check to be sure that you are grandfathered under 245(i). We would highly recommend that you consider speaking to a qualified immigration law professional before undertaking these cases. However, and in response to your query, you are likely to want to pursue the cases in-tandem.
Answered on Oct 08th, 2013 at 2:36 AM