Citizen Marriage to a DACA Visa Holder.

[kaitlyn1415 0]

So how does he go about getting a green card? No, the work permit is for two years but he can renew it. I think he said he has to do that for five years before he can apply for residency. His main concern is that if we get married it would not only take longer, but he'd have to do a two year probation down in Mexico. His parents have not been granted citizenship yet though they do have a U.S. Born daughter who is currently 14 y/o.

[Boiler 45,731]

Please read the replies.

To obtain US residency then he would need to be sponsored by somebody, you if you marry or wait for the amnesty through his Parents.

You would be much quicker.

DACA does NOT lead to US residency.

No idea what he is talking about re spending time in Mexico. Nothing in this process applies.

Parents are not going to be granted US Citizenship, presume they are awaiting Residency.

[Umka36 781]

This is a case in which I think hiring a immigration lawyer would be best for the OP. There seems to be too much confusion/misunderstanding of the immigration process.

Edited February 26, 2016 by Umka36

[Boiler 45,731]

The case is petty simple but i agree they seems to be a lot of confusion.

[kaitlyn1415 0]

Yes, lots of misunderstanding and misinformation. Thank you so much for all your help!

[Shauneg 762]

I don't think he doesn't understand his status or what is going on, that or hasn't communicated it to you properly. Many of things you are saying simply aren't true or not possible. Need to find out all the facts...

[TBoneTX 45,591]

Let us know the true status of things, after you consult an attorney.

[newacct 688]

Him marrying you and immigrating based on your petition for him would be strictly better than him not marrying and trying to immigrate as a derivative on the petition for his father, due to the fact that we don't know whether he will age out, and that even if he doesn't age out, it's still a few more years of wait for a visa number to be available for the petition for his father, whereas if you petition him there is no wait. In both cases (based on your petition, or based on his uncle's petition for his father if he doesn't age out), he should be able to adjust status under INA 245(i) even if he entered legally, due to him being grandfathered for being a beneficiary of a petition filed before 2001.

[newacct 688]

...he should be able to adjust status under INA 245(i) even if he entered legally...

I meant to say "even if he entered illegally".

Edited February 27, 2016 by newacct

[kattaklizm 11]

as far as I know DACA are not eligible neither for citizenship nor green card. AT ALL. The only option they have is to adjust their status as permanent residents is to marry a US citizen or get sponsorship through work. That's the only way that leads to citizenship is to become a LPR first. The catch starts when after the marriage you file for the green card and in the required documents you see this I-94 form, it means that DACA needs to leave the country and come back legally. Some of my friends did it, used their advanced paroles and adjusted upon the return.

Edited February 27, 2016 by kattaklizm

[newacct 688]

The catch starts when after the marriage you file for the green card and in the required documents you see this I-94 form, it means that DACA needs to leave the country and come back legally. Some of my friends did it, used their advanced paroles and adjusted upon the return.

Except in this case he's grandfathered under 245(i), so he can adjust status without a legal entry.

[Boiler 45,731]

Except in this case he's grandfathered under 245(i), so he can adjust status without a legal entry.

Even mentioned in the first post.

[aleful 1,905]

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.

Hi

you are confused with the terminology, he won't get citizenship, he is a derivative in a petition for a green card, meaning legal permanent resident

citizenship is after being a legal permanent resident or LPR for several years

if he entered the country legally, then he can adjust status by marrying you with no problem

if he entered the country illegally:

he has a few options, because he might age out if he is Mexican, there is still more waiting for that petition. now, is there a way to get a copy of the original i130 sent by his father?

if so, you can get married and he would be grandfathered under his dad's petition if his name shows up on the original i130, and he can pay the fine and adjust status through you

or request an advance parole and travel to his country of origin for an emergency or real reason, and enter legally to the country, marry you and adjust status

or wait and see for years if he hasn't aged out of his dad's petition, it depends on what you both want

Edited February 28, 2016 by aleful

[kbrookeq 7]

My husband has had DACA for 3 years now. We got married, filed for an I-130 and that was approved.

Instead of going the traditional route of dealing with the consulate interviews, we decided to try and apply for Advance Parole. Once we got that approved my husband got to leave the country to go back to his home town and was allowed to return. This resulted in his Entered Without Inspection status being fixed since now he had been inspected and then he became eligible to adjust status to a permanent resident.

Advance Parole is risky since it does not mean that border patrol HAS to let you back in. If you have enough factors going against you, any arrests or things like that, they can deny entry. So if that is not something you are willing to risk you go the traditional route.

Get married, file the I-130. Once that is approved, pay the NVC fees and file for the I-601a waiver. The whole purpose of this waiver is to allow the immigrant to stay with their family up until their interview date, at which time they leave the country for their interview, and are allowed to return as soon as they are done being processed. I have a couple friends who were only gone for about a week or two. But again the I-601a is for Unlawful Presence ONLY. For previous arrests and issues like that you have to file the I-601 after the consulate interview and stay outside the country until that is approved.

My husband had a previous DUI at the age of 19 which would have excluded him from everything, even DACA, but we were able to go to court and get the case dismissed for being an upstanding citizen since then, it was 6 years after the fact by then. So you really have to be careful that there are no other issues that will keep him out beside the fact that he came here illegally and stayed.

Also Aleful is right about being grandfathered in if he did get petitioned for before 2001. My husband's uncle just finished that process a couple of months ago. That is really something that you would want to talk to a lawyer about though.

I just did the paperwork for all of my husband's USCIS cases.

[Boiler 45,731]

The AP route is usually called Dacabilly, not sure if there are published stats, I assumed it was the most common option.