US Citizen Petition a DACA

[Nuris Melendez 0]

I came to this country when i was 8 years old. My parents filed for cancellation of deportation however the judge passed the case on to counsal. And decided to close our case. 

I have never had a legal entrance to the US. But recieved DACa back in 2012. I am now getting married to a US citizen. And i would some advice on how to pursue my case. And what are the steps i should take. I would really appreciate all the advices. 

[geowrian 22,338]

1. When did you get DACA? How long were you in the US prior to this (starting from age 18)?
2. Did you obtain AP? Did you ever use AP? I'm assuming no based on "I have never had a legal entrance to the US", but I have to ask as this is important.
3. Were you ever removed from the US and then re-entered?
4. Are you in the US now?

Assuming the answer to #2 is "no", then the general guide is here: http://www.visajourney.com/content/i130guide1 You will need to interview at the embassy/consulate abroad.

Edit: Note that this assumes you are already married or will marry before filing. Use the K-1 guide (http://www.visajourney.com/content/k1guide) if you are petitioning for a fiance. However, doing the spousal route is probably better in your case IMO. The I-601A does not apply to a fiance.

 

If you accumulated at least 180 days or more of unlawful presence, then you will have a 3 or 10 year bar. It's 3 years for 180 days and 10 years for a year or longer. Unlawful presence only accumulates once you turn 18, and does not accumulate while covered by DACA (but past unlawful presence does not go away). The bar is assessed when you exit the US. You can file an I-601A provisional waiver if you're currently in the US to waive the unlawful presence. Otherwise, you will need an I-601 to waive it after the visa is refused due to the bar.

Edited October 13, 2017 by geowrian

[Nuris Melendez 0]

23 minutes ago, geowrian said:

1. When did you get DACA? How long were you in the US prior to this (starting from age 18)?
2. Did you obtain AP? Did you ever use AP? I'm assuming no based on "I have never had a legal entrance to the US", but I have to ask as this is important.
3. Were you ever removed from the US and then re-entered?
4. Are you in the US now?

Assuming the answer to #2 is "no", then the general guide is here: http://www.visajourney.com/content/i130guide1 You will need to interview at the embassy/consulate abroad.

Edit: Note that this assumes you are already married or will marry before filing. Use the K-1 guide (http://www.visajourney.com/content/k1guide) if you are petitioning for a fiance. However, doing the spousal route is probably better in your case IMO. The I-601A does not apply to a fiance.

 

If you accumulated at least 180 days or more of unlawful presence, then you will have a 3 or 10 year bar. It's 3 years for 180 days and 10 years for a year or longer. Unlawful presence only accumulates once you turn 18, and does not accumulate while covered by DACA (but past unlawful presence does not go away). The bar is assessed when you exit the US. You can file an I-601A provisional waiver if you're currently in the US to waive the unlawful presence. Otherwise, you will need an I-601 to waive it after the visa is refused due to the bar.

I recieved DACA in 2012 when it came out. I am now 21 years old. So i was 16-17.

no i have never had AP. I was going to ask for oen due to my grandparents being really sick. But wha happened with DACA i cant do anything. 

No i was never removed.

i live here in the US now. 

 

I was going to court ever since i came to this country with my parents. Our case was closed in 2013. But i had already bad DACA

[geowrian 22,338]

6 minutes ago, Nuris Melendez said:

I recieved DACA in 2012 when it came out. I am now 21 years old. So i was 16-17.

no i have never had AP. I was going to ask for oen due to my grandparents being really sick. But wha happened with DACA i cant do anything. 

No i was never removed.

i live here in the US now. 

 

I was going to court ever since i came to this country with my parents. Our case was closed in 2013. But i had already bad DACA

Thanks. So you shouldn't have any unlawful presence (for the purposes of the 3/10 bars). So if you leave the US to interview abroad (following the steps in the first link in my post), you won't incur a bar. So just the interview will be abroad. If approved, you would get a CR-1 visa and green card shortly afterwards. ETA: ~12-14 months from I-130 filing to visa in hand.

 

You can do the K-1 visa route instead using the second link. ETA: ~7-9 months. Then you have to do AOS once in the US ($1225 more), can't work for ~4 months, and can't travel abroad & return for about the same amount of time. But I would still suggest the CR-1 (spousal) visa route personally as the total timeline is shorter.

 

Given that DACA is expiring soon, be absolutely sure you do not overstay by 180 or more days after you are no longer covered by it. Doing so will cause the bar to kick in when you exit the US.

[Nuris Melendez 0]

Do you advice me to do all this through a lawyer? 

I dont have that much money for my case and all the lawyers are charging over 8,000 dollars. 

I just renewed my daca for another 2 years on april this year. 

 

[geowrian 22,338]

1 minute ago, Nuris Melendez said:

Do you advice me to do all this through a lawyer? 

I dont have that much money for my case and all the lawyers are charging over 8,000 dollars. 

I just renewed my daca for another 2 years on april this year.

I don't see anything of particular concern to prevent you from doing it yourself or where an attorney would be of particular help. But the decision is ultimately yours. You will need to prove that the relationship is bona fide, so be sure to provide plenty of evidence here.

 

$8,000 is a lot IMO. I'm assuming they are dealing with more complicated cases (i.e. where the I-601/I-601A waiver and/or an I-212 is needed).

[Nuris Melendez 0]

Is the weaver really necessary in my case? 

And all those other forms

[geowrian 22,338]

Shouldn't be since you were never removed and don't have any unlawful presence accumulated for the purposes of the 3/10 year bar.

[Nuris Melendez 0]

10 minutes ago, geowrian said:

I don't see anything of particular concern to prevent you from doing it yourself or where an attorney would be of particular help. But the decision is ultimately yours. You will need to prove that the relationship is bona fide, so be sure to provide plenty of evidence here.

 

$8,000 is a lot IMO. I'm assuming they are dealing with more complicated cases (i.e. where the I-601/I-601A waiver and/or an I-212 is needed).

Oh okay thanks for sharing all your knowledge! I appreciate it! 😀