QUESTION

What should I do if she is under the Deferred Action Program but I have a dilemma she entered the US without inspection when was 7 years old?

Asked on Mar 31st, 2014 on Immigration - California
More details to this question:
I am a US citizen and I just submitted myself the I-130 and I-485 this Friday for my same sex partner. We’re in California. I didn't submit the I-601. I'm super nervous. Can I still submit it or what should I do?
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2 ANSWERS

Just because someone is eligible for DACA does not mean that person is eligible for adjustment of status. In fact, under the current immigration laws, the person is NOT eligible for adjustment of status within the US even on the basis of marriage to a US citizen. The I-485 is not going to be approved so save the $1070 in filing for it. It will be consular processing but as soon as your spouse departs the US to go for consular processing, she will trigger an automatic 10 year bar to reentry which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to prove in most cases.
Answered on Apr 09th, 2014 at 11:40 AM

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Unless your spouse entered the country with inspection, your spouse is not eligible for adjustment of status even if she was granted Deferred Action. Your only option is to get the I-130 approved and have it transferred to the National Visa Center for consular processing, where she will eventually be required to return to her home country to attend the immigrant visa interview at the US embassy/consulate. If your spouse has accumulated more than 1 year of unlawful presence in the US, she is subject to the 10-year bar and will need to apply for a provisional waiver on form I-601A and get it approved prior to her departure. Otherwise, she will not be allowed to reenter the US until she has remained outside of the US for the 10 years. This is a complicated process and it is highly recommended that you hire professional help.
Answered on Apr 02nd, 2014 at 7:17 PM

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