Citizen Marriage to a DACA Visa Holder.

[kaitlyn1415 0]

I am a U.S. Citizen and my fiancée is here on a work permit under DACA. He's been in the country since he was about 5 or 6 and was requested by his uncle back in '99 or 2000. We were wondering, if we were to get married, how it would affect his citizenship case. We've been together for about 4 years now and have two young children together. He thinks if we were to get married he'd be sent down to Mexico for 1-2 years whereas if we wait another 4-5 years as we are now he will have his citizenship and not have to go back to Mexico.

[Boiler 45,731]

DACA is not a visa.

Uncles can not petition nephews.

What Citizenship case? He does not lose his Mexican citizenship being in the US.

[teeak 224]

...citizenship?

Did the uncle petition for your fiance's father and your fiance is a derivative? Is that what you mean?

[kaitlyn1415 0]

I apologize. I'm talking about becoming a U.S. Citizen. We live here with no plans of moving. Yes, his uncle must have requested his father. Not him directly

[Alaska2012 462]

So how does he plan on becoming a citizen if he doesn't marry you?

[teeak 224]

Are you sure he hasn't aged out? You're supposed to be under 21 to be included as a derivative and I'm not sure how old he is now and if he'll be protected by CSPA.

[kaitlyn1415 0]

He's 22 now but has been on a work permit for 3 years now I believe. He got that through DACA and said he has to be on it for 5 years before he can become a U.S. Citizen. What is CSPA? His family was requested when he 6 or 7 years old. He's afraid that if we get married he will get kicked off that case and have to start all over and he couldn't be requested again by me because apparently that can only be done once. It's all very confusing for me so that's why I'm here looking for answers and trying to figure out what can be done. He also believes they'll send him down to Mexico and he won't be able to come back. This has apparently happened to people he knows.

[teeak 224]

Your fiance has passed the age of 21. He may not even be a part of his father's case anymore.

Child Status Protection Act freezes the age of some children who are over the age of 21 before their priority date is current. This depends on when the PD become current and how long it took to approve. I'm not sure if it'll apply to your fiance's case since the PD isn't even current yet.

Yes, if he does get married then he will no longer be in his father's case.

However, you can still petition for him. First of all, his uncle didn't "request" him. He petitioned for the father so, your fiance doesn't even have a pending petition for himself. And yes it can be done more than once. Even if he did have a petition, it is possible to have multiple pending petitions at the same time.

[Alaska2012 462]

He got a 5 year work permit? I thought they were for 2 years at the time through daca? Anyhow, a work permit doesn't make him eligible for citizenship...

Is his father a US citizen?

[teeak 224]

He got a 5 year work permit? I thought they were for 2 years at the time through daca? Anyhow, a work permit doesn't make him eligible for citizenship...

Is his father a US citizen?

It sounds like the uncle petitioned for the father, so the fiance is a derivative. But, he has most likely already aged out.

[Alaska2012 462]

Yeah it sounds like it... but did the parents become citizens?

[Illiria 980]

But if the fiancé was petitioned he would have had a green card on entering and then why would he need DACA?

Something isn't making sense here.

[teeak 224]

I'm assuming that they entered illegally. After illegally entering, the uncle petitioned in 1999/2000.

The priority date isn't current yet so they still are waiting for visas to become available. For Mexico, people who petitioned for siblings in 1997 are just now receiving visas.

[Illiria 980]

Ah, thought you meant they were petitioned outside of US.

Still how is he getting citizenship for having had a daca work permit for five years - he's too old to derive citizenship through father as soon as he gets his green card.

So would have to either marry her, have green card for three years and then apply for citizenship or not marry her, have green card for five years and then apply for citizenship.

Edited February 26, 2016 by Illiria

[Boiler 45,731]

OK so he was petitioned prior to the last amnesty.

DACA is a temporary relief, does not lead to anywhere, and can of course be repealed leaving an interesting data base. So no route to residency, forget US Citizenship that is waay off.

Best bet is of you marry him and file then he will have a current priority date.

Edited February 26, 2016 by Boiler