How do I begin the process to becoming a permanent resident/citizen of the U.S.?
Asked on May 22nd, 2019 on Immigration - California
More details to this question:
Recently got married and my wife is a U.S. citizen. I am currently a DACA recipient and my deferred action expires in August. What would be the first steps I should take to applying for permanent residency? What paperwork will I need? How long is the process? How much money will this cost? Am I at risk for deportation during this process? Thank you in advance for your time and help.
The initial question is how you entered the United States and if you entered without inspection, whether you ever used advance parole to travel outside and reenter the country during your time as a DACA recipient. If you entered legally or were able to travel on advance parole, you might be able to file for adjustment of status without leaving the United States. (DACA members are now unable to obtain advance paroles). In that case, you and your wife would probably be filing a concurrent I-130/I-485 package to adjust status. If you are not eligible for adjustment in the above circumstances, you might be able to apply under the I-601A program under which your wife would file an I-130 preference petition for you and upon approval, you would file for an I-601A provisional waiver of the 10 year bar for being in the US unlawfully for at least one year past the age of 18. The waiver application would be based upon extreme hardship to your wife if you were removed. Assuming that the application is approved, you would go through consular processing and be treated like all others when you interview overseas at the American consulate or embassy for an immigrant visa. An adjustment of status in the US takes approximately one year on average and the I-601A process twice as long. I cannot give you a quote on how much this would cost you as every attorney charges differently, but an adjustment of status process would be much less than one involving an I-601A. You would most likely not be at risk for deportation during the process as you hold protected status as a beneficiary of the DACA program. You should of course apply to renew the status if you have not already done so already. 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.
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