Next step

[Dyvonner 0]

I am in the reserves and my husband was born in Mexico, came to the US at the age of 7 and hasn't left since. He has a work permit through the Dream Act. We got married in October and sent form I-130 along with the Biometrics forms. We received a letter that states the form has been received along with payment and another that his petition has been approved. We recently received another set of papers. The first page is a NVC Welcome Letter and it says they will work with us to complete the visa case and schedule his visa interview. It gives me a case number and a list of steps. At the end though it says he will have to go to CIUDAD Juarez, Mexico for his interview. Another page is the Document Cover sheet with a list of of documents I need to send in, at the very end it also wants me to submit Form DS-260. The last sheet is Affidavit of Support Fee Invoice. I know to clearly go online and pay this fee. Sorry for this LONG paragraph but I'm just trying to be as clear and precise as possible. We are stuck now because I don't know if I'm supposed send a waiver first or do I just do what the letters are telling me what to do. Does anyone know?

[Hypnos 6,576]

There is no Dream Act. Do you mean he is a DACA beneficiary?

Did he EWI? If so, parole in place may be an option since you are in the military.

Edited August 22, 2016 by Hypnos

[Dyvonner 0]

Sorry but yes he is a DACA beneficiary and yes he did state he entered without inspection. How do I go about the parole in place?

Edited August 22, 2016 by Dyvonner

[Hypnos 6,576]

You can see details here: http://www.nolo.com/legal-encyclopedia/adjustment-status-via-parole-place-family-members-us-citizens-military.html

[Hypnos 6,576]

This is also the relevant policy memorandum: https://www.uscis.gov/executive-actions-immigration/parole-place-memorandum

Essentially, your husband makes his best case to USCIS to be granted parole in place. If granted, it would cure both his EWI and illegal presence. He would then be able to file an I-485 seeking to adjust to LPR status, and wouldn't need to depart the US to do so.

You should consult with an experienced immigration attorney if you choose to go this route, as it is not an everyday procedure (because most people don't quality for it since it's mostly for military spouses).