QUESTION

My husband has DACA, can he get citizenship?

Asked on Mar 26th, 2015 on Immigration - Indiana
More details to this question:
My husband had already applied for daca and been approved before we got married. I was just wondering if there was any way he can get citizenship without having to leave. We have already been married for two years. We have one child together and one due soon who is going to have severe mental disabilities. Is it possible he can get citizenship without leaving the US?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
I will assume for purposes of your question that you are a U.S. citizen.  Whether your husband can apply for permanent residence without leaving the U. S. depends upon whether he entered with inspection or if not, whether he is eligible for adjustment upon payment of a fine amount of $1000 under §245(i), which requires that the applicant either have had a labor certification application or immigrant visa petition filed on his behalf by April 30, 2001, and have been physically present in the U. S. on December 21, 2000. If he meets either one of the above 2 conditions, he is adjustable. If he does not, he is not under present law. There is the possibility that if he is able to obtain an advance parole under the DACA program and reenters the U. S., he would become eligible for adjustment. There is also the possibility of the 10 year bar being waived if he applies for and is given a provisional I-601A waiver based on extreme hardship to you. He would still have to leave the U. S. for a consular interview, but would be allowed to see the results of the I-601A waiver application prior to leaving the country for the green card interview. 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 Apr 24th, 2015 at 6:09 AM

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