I need guidance in the right direction

[Julie meza 1]

Hello 😊

 

Me and my husband have been together for 3 years already and we recently got married on 08/26/2017. I really want to help him out since he is an illegal alien he was brought here at the age of 6/7. He is currently 20 years old and im just confused on where to start the process! Any tips ?

[Hypnos 6,577]

How did he enter? EWI or did he enter on a visa? 

[Julie meza 1]

11 minutes ago, Hypnos said:

How did he enter? EWI or did he enter on a visa? 

He entered illegally his parents came in illegally as well and he was only 6/7

[Hypnos 6,577]

Then unfortunately he cannot AoS. 

 

When DACA opens to new applicants again in a few days he can apply (a court recent ordered it) which will at least give him some protection. 

 

The I-130/I-601A route may be available to him, but he would need to travel overseas to his country of origin to complete it. 

Edited February 15, 2018 by Hypnos

[Julie meza 1]

2 minutes ago, Hypnos said:

Then unfortunately he cannot AoS. 

 

When DACA opens to new applicants again in a few days he can apply (a court recent ordered it) which will at least give him some protection. 

 

The I-130/I-601A route may be available to him, but he would need to travel overseas to his country of origin to complete it. 

So he can do the DACA even if he is over 18 and we are married?

[Hypnos 6,577]

These are the requirements for DACA:

 

• Were under the age of 31 as of June 15, 2012;
• Came to the United States before reaching your 16th birthday;
• Have continuously resided in the United States since June 15, 2007, up to the present time;
• Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
• Had no lawful status on June 15, 2012, meaning that:

- You never had a lawful immigration status on or before June 15, 2012, or
- Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;

 

• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

It hasn't been opened up to new applications again just yet, but has to within the next few days following a federal order directing DHS to do so. At that point he'd be able to apply, if he wished.

[Ryan H 3,817]

Moved from IR-1/CR-1 Progress Reports to DACA forum.

[HappyBunny 22]

If he entered ilegally he cant adjust status here. He would have to apply for a waiver, my attorney told me you would have to prove hardship like a reason why his absence would affect you. Once he gets that approved, he will have to go to his country, get visa and then enter legally. Once he enters legally, you can proceed.  Good luck!

[car0593 42]

On ‎2‎/‎15‎/‎2018 at 1:39 PM, Hypnos said:

Then unfortunately he cannot AoS. 

 

When DACA opens to new applicants again in a few days he can apply (a court recent ordered it) which will at least give him some protection. 

 

The I-130/I-601A route may be available to him, but he would need to travel overseas to his country of origin to complete it. 

this isn't true. IF he applied for the I-601 THEN yes he would have to wait out the process in his country of orgin. BUT IF he goes with the I-130/I-601A like you stated then HE CAN actually stay in the US through out the whole process and THEN after it is approved, he would leave shortly to attend the interview. That is the whole difference with the I 601 and I 601 a.

 

The hard part is showing extreme hardship to the US citizen wife. not imposible, but deff something that will want to be done with a lawyer

[Hypnos 6,577]

3 minutes ago, car0593 said:

this isn't true

It's very true. Everything I said is correct. 

 

- They cannot AoS. 

- They would need to travel overseas to complete the process. This is the case even for an I-601A. It just lets you remain in the US a little longer until the interview overseas. 

[HappyBunny 22]

But then if it is approved he can come back and adjust. You're saying he cannot adjust. He will be able to once he enters legally after the interview in his country. The citizen has to prove hardship though

Edited February 22, 2018 by HappyBunny
Typo

[car0593 42]

23 minutes ago, HappyBunny said:

But then if it is approved he can come back and adjust. You're saying he cannot adjust. He will be able to once he enters legally after the interview in his country. The citizen has to prove hardship though

Exactly my point!

[Hypnos 6,577]

He won't be adjusting. He would enter on his immigrant visa, if it were approved. 

 

No AoS is happening in this situation. 

[HappyBunny 22]

3 minutes ago, Hypnos said:

He won't be adjusting. He would enter on his immigrant visa, if it were approved. 

 

No AoS is happening in this situation. 

 once he enters legally he can adjust. 

[WeGuyGal 1,052]

1 minute ago, HappyBunny said:

 once he enters legally he can adjust. 

No

 

He will enter on an IR1 visa, which then means he is legal, and thus, nothing to adjust.