QUESTION

If adjustment of status is denied, not through DACA, will I be deported or will be safe because of DACA?

Asked on Apr 27th, 2014 on Immigration - Texas
More details to this question:
I am DACA approved. I am planning to file I-360 Vawa and I-485 adjustment of status and I-765 for Ead. But my understanding is that if Vawa gets denied, or if it gets approved, but if adjustment of status gets denied for whatever reason, will be put in removal proceedings for deportation. So I was wondering if I would be safe from deportation for having adjustment of status denied because I am Daca approved? Or will it not matter having Daca and still be put in removal proceedings for deportation?
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3 ANSWERS

Bruce A. Coane
Interpretations of DACA have been untested in the courts, so no one knows what to expect. However, DACA is a valid "status", and foreign nationals with DACA status are not normally put in removal proceedings.
Answered on Apr 30th, 2014 at 8:12 PM

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Adebola O. Asekun
If your DACA application has been approved, but your I-485 application or its underlying I-360 VAWA petition is denied, I speculate that DHS will likely not commence proceedings to remove you in as much as you still have the DACA status to fall back to. But I must add that if your I-485 or I-360 applications are denied for reasons under which, DHS feels compelled to commence removal proceedings (such as fraud or criminal conviction), notwithstanding your DACA status, DHS will revoke your DACA and start proceedings for your removal. Due to the financial and other costs associated with filing these applications, and so at least you are not just throwing money away, you should at least seek legal advice with respect to your eligibility for I-360 and I-485 before you file.
Answered on Apr 30th, 2014 at 8:12 PM

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As long as you remain in valid immigration status, such as DACA, and USCIS is aware of that fact, they will not place you in removal proceedings if your I-485 application is denied. Normally, USCIS will approve your I-485 application if your I-360 has also been approved, unless you are inadmissible to the US for having violated certain immigration rules, such as a conviction(s) for a crime(s) of moral turpitude, making a false claim to US citizenship, membership in terrorist organizations, etc.
Answered on Apr 30th, 2014 at 8:12 PM

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