More details to this question:
I looked at the DACA requirements and I meet all of them, except I have a question about one of the requirements. The requirements say that your legal status has to have expired by 2012. My father applied for a green card in 2008 with me as a dependent application underneath him, our visa expired in 2008 after the green card application. Our green card application was denied in november of 2012. So would I still fall under the category of legal status expired in 2012 ? If someone could clarify it would be of great help.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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An individual who is applying for adjustment of status is allowed to stay in the grace of U.S.C.I.S. Unless the applicant has an underlying valid nonimmigrant status, the individual cannot be said to have a lawful immigration status. If the only thing that was keeping you afloat was the green card application and not a valid non-immigrant status, you would fall under the category of those whose legal status expired by 2012.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 21st, 2014 at 1:44 PM