QUESTION
Hello, my partner is on DACA and the status expires August of next year. We were wondering if marriage would protect him if and when DACA expires.
Asked on Oct 05th, 2017 on Immigration - California
More details to this question:
My partner is a visa overstay and entered lawfully. He has been on DACA, but since that seems to be expiring soon and we are thinking of going through marriage for a permanent residency and later, citizenship. His case seems a bit unorthodox because of his DACA status, and we were wondering if that would affect how this process would work?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Since your partner entered the US legally and is a visa overstay, marriage to a US citizen (I assume that you are) would be a way for him to obtain his permanent residence. Of course, the marriage must be bona fide in every sense – otherwise both of you may be liable for fines of $250,000 each and imprisonment for five years.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 Oct 23rd, 2017 at 5:22 PM