QUESTION
Do I have to get out from United States or will I be able to fix while I’m here in the United States?
Asked on Dec 06th, 2013 on Immigration - Florida
More details to this question:
I have been in the US since I was 10. I apply for DACA before I was 18. I got married. My wife wants to fix my papers.
5 ANSWERS
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. A lot will depend on how you entered the country and whether you entered on a visa or not. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your /situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Dec 12th, 2013 at 1:56 AM
If you entered the US unlawfully, under the current U.S. immigration laws, you are not able to legalize your status within the U.S.
Answered on Dec 10th, 2013 at 12:13 PM
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As a DACA Beneficiary you may be able to obtain Advance Parole and travel. When you travel out of the U.S. and then return should be paroled into the US. This is the Arabelly-Yarabelly (case) holding. Once you are admitted as a "Parolee" then you may be able to marry a U.S. Citizen and file for Adjustment of Status to Lawful Permanent Residence. You will want to discuss the nuances of such a strategy with a qualified immigration law professional.
Answered on Dec 10th, 2013 at 12:12 PM
Decisions need to be made, but you have lawful status unless you depart. This DACA Approval allows you to remain until the DACA Program ends or another immigration program takes it's place. The current laws 'may' provide an option for you to know, before you depart the U. S., if you can return with a green card. However, confusion, complication, and tremendous risk involved are common. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before taking any further action, since you can put your rights in jeopardy and lose thousands of dollars in USCIS Processing fees if you are disqualified, as well.
Answered on Dec 10th, 2013 at 12:11 PM
It depends on how you entered the United States. If you entered on a visa or was otherwise inspected, then you can adjust your status here in the United States. If now, then you will have to leave the country for a very short time. Without more information, it is impossible to answer your question more fully.
Answered on Dec 10th, 2013 at 12:08 PM