DACA recipient marriage to H1 visa holder

[Shikagoan 0]

My sister is a DACA recipient. She entered the United States legally in 1999 with my parents when she was 14 years old, i.e., she was inspected by immigration officials at the port of entry. She is interested in getting married to an H1 visa holder who applied for permanent residence through his work. He was finger printed but his file is stuck in name check for the past several months.

Is it possible for her to get Adjustment of Status and be added to his application for permanent residence as a dependent? If he gets approved for permanent residence, is it likely that she would also get her permanent resident status the same time as his ..or is it too late? Please advise.

Thank you

[Ryan H 3,818]

Moved from IR-1/CR-1 Process & Procedures to DACA forum.

[Boiler 45,731]

To adjust status she needs to be in status, overstay are forgiven for spouses of USC's.

She would be MUCH better marrying a USC.

[Transborderwife 4,666]

since DACA is not a status and he is not a USC,No. he cannot adjust her

[ptm897 41]

Correct what the others have said, her legal entry with a visitors visa and being an overstay is only advantageous to her if she is married to a USC and is an immediate relative, any other preference category and adjustment as an employment base would not allow her to remain in the U.S. to file for adjustment of status, she would have to leave the U.S. and then pick up her visa abroad, and when she leaves she will trigger the 10 year bar for being here unlawfully for more than 1 year.

[EM_Vandaveer 2,408]

She'd have to wait until her husband became a citizen. Then he'll be able to file for her.