Originally from Yemen .I’ve been in America since I was 4yrs old. I have DACA but will expire soon. I’m 33yrs old now. My mother has green card for over 2yrs , is she able to apply for me to get green card?
The difficulty will be problems with an adjustment of status here in the US assuming that your mother applies for you and the priority date later becomes current. Technically you have not held "legal" status since you entered into the US at the age of four. DACA is not seen as a legal platform from which individuals can adjust status. Under present law, you would have to leave the US and consular process your immigration overseas at an American consulate or embassy. You would most likely be barred for 10 years by virtue of your being unlawfully present for one year or more in this country. You can, however, apply under the I-601A program in which a waiver of the 10 year bar is available after the approval of the I-130 petition as long as there would be extreme hardship to your permanent resident mother if the waiver was not granted. With a waiver, you would still interview at the American consulate or embassy, but the interview would in all likelihood be a normal one and you would most probably return to the US with an immigrant visa within 1-2 months. 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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