QUESTION

Hi, I'm currently under DACA and due for renewal next month , I'm now married with a us citizen, what is my best option, to renew or start on my green

Asked on Apr 12th, 2016 on Immigration - North Carolina
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Or apply for my green card. I've only been married for half a year though.
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1 ANSWER

Asylum Attorney serving Greenville, SC
4 Awards
Definitely file to renew your DACA.  As for a future green card case:  If you came into the USA legally, you can file the complete case (his Form I-130, your I-485 and related forms) now.  I assume however you entered "without inspection" and so you have two basic options: (1)  Your husband files I-130, it is approved after interview in Charlotte or Durham, then you might be able to file I-601A provisional waiver application, and you file immigrant visa application.  When I-601A approved, you proceed to your IV interview at (for example) US consulate in Cd. Juarez. Advertencia:  Requirements for eligibility for Form I-601A are strict.  Go to www.uscis.gov/forms and read the I-601A instructions. (2)  When DACA renewal approved, if eligible, you apply for DACA-based permission to travel ("advance parole") based on urgent reasons.  If approved, you might be able to travel and return with "parolee" status.  As a parolee, you might be able to adjust status to permanent residence inside the USA (Form I-485).  If so, your husband files Form I-130 petition for you, and at the same time you file Form I-485.  No waiver required. Advertencia:  Please consult with an immigration lawyer in your area.  The NC Bar Association is one resource, Lawyer.com is another.  A competent immigration lawyer can offer you and your husband the guidance you need, now.  Whether it is a free consultation or not, it is money well spent.  Immigration law and procedures are very complex. Good luck to you and your husband.
Answered on Apr 13th, 2016 at 4:33 PM

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