PLEASE HELP! DACA with prior deportation

[Going through 5,671]

9 hours ago, Rem79 said:

What can we do?

He would have to be legally divorced for you to be able to petition for him.  There is no way around that.

 

One option is for him to wait out his ban in Mexico, and you visit him from time to time.

 

Another option is for you to move to Mexico and live with him while he waits out his ban.

 

Either way, he would still have to be divorced for you to petition for him....there is no way to "transfer" his case under you.

[NigeriaorBust 4,087]

   U visas are not easy to get,  kind of a false hope line for a lawyer ;looking for money.   ( how do you arrange to be a witness to a crime without being involved  which would be more than stupid in his case )   Changing spouses is going to look bad,  like he is trying to keep a USC spouse for green card purposes.   The 9c mean there is a 99.9999 % chance he is going to have to leave the country for 10 years.  It is kind of a do it now or do it later decision.   That being said , after those 10 years he will need someone that will have a qualifying hardship to get the waiver that will allow him to return.   Your case is like swimming uphill is a pool of molasses. 

[Ben&Zian 4,398]

9 hours ago, Rem79 said:

I'm going to type the whole story so all information is here... it may be long but I appreciate the help more than you know!

 

My boyfriend of over 2 years is trying to obtain his residence and I am looking to help him/maybe be his (new) sponsor.  Here is his story...

 

When he was approximately 9 years old he first came to the US with his family and lived (and went to school, 4th grade) here for about a year (around 1990).  They returned to Mexico after that year and he came back to the US with his father and uncle and other adult men when he was 17 years old (1998).  They were caught in Oklahoma (on his 17th birthday) and he was in jail for about 2 months before seeing a judge (1999).  When he had his hearing, the judge was present via speaker phone.  He was deported and said he remembers signing something saying he wouldn't return for 10 years; this was his one "forgiveness".  He came back to the US about 3-4 months later (still 1999) and has been here ever since.  In 2007 married a US citizen, and they had a baby; they had their second child in 2012.  She applied for the I-130 on his behalf twice and was denied both times because of the deportation.  He applied for DACA at the advice of his lawyer and was approved (almost/about a year ago).  She then reapplied for the I-130 and it was finally accepted (roughly 8 months ago, maybe less).  He has a US SSN, driver's license, and a 2 year work permit.  He also meets with ICE annually or every 2 years.  

 

They have a lawyer that they've been working with for the last few years but he's discouraged with the lack of progress.  He has sought the advice of two other attorneys and has basically been told that his case is very complicated and he should wait and see what Congress decides about DACA.  The last one told him that a U Visa would be the only thing that "forgives" the deportation.  He was also told to keep his I-130 with him and be sure to continue to renew it (I think in case of amnesty).

 

Here's where the questions lie:  we want to be together and are trying to find out if he can continue the process with me.  The only reason they ever got married was because she got pregnant.  They were never in love, but now he's feeling trapped in a situation he doesn't want to be in, though he loves his children more than anything in the world.  What can we do?

(Please no hateful stuff here.... we're very much in love and we are both good people who have found themselves in a difficult situation.)

 

 

 

The bolded above should show how he messed up and no way would they approve it. DACA is barely a legal status, yet they messed up because he should never have been approved for it, unless he lied about something when he applied? Potentially add that as misrepresentation on top of all of this.

[Boiler 45,730]

DACA is deferred action, it is not a status.

 

By definition he does not have a 9C yet, he has not left, now it is a felony to re-enter, not sure if that has not been picked up, but getting DACA is pretty simple.

 

Nothing to suggested that they could not get a waiver assuming he divorces and they marry, nothing a GF can do. Sort of assumed that 10 years would give enough time to sort those things.

[Crazy Cat 41,982]

28 minutes ago, Ben&Zian said:

 

The bolded above should show how he messed up and no way would they approve it. DACA is barely a legal status, yet they messed up because he should never have been approved for it, unless he lied about something when he applied? Potentially add that as misrepresentation on top of all of this.

In addition, I would not surprised if his DACA status ended when he left the US at age 10.

[Boiler 45,730]

DACA is an Obama thing, he is 36 so got it relatively recently.

[mcdull 474]

What is your objective? If you want to be with him, then the easiest would be for you two to move to Mexico and live happily ever after.

 

Best of luck.

[Crazy Cat 41,982]

1 minute ago, Boiler said:

DACA is an Obama thing, he is 36 so got it relatively recently.

My point is ...did he really qualify since he left after being brought here at 9 yo. It's an interesting question.......all brought about by (imo) an illegal EO.

[Boiler 45,730]

• Came to the United States before their 16th birthday
• Have lived continuously in the United States since June 15, 2007
• Were under age 31 on June 15, 2012 (born on June 16, 1981 or after)
• Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS
• Had no lawful status on June 15, 2012
• Have completed high school or a GED, have been honorably discharged from the armed forces, or are enrolled in school
• Have not been convicted of a felony or serious misdemeanors, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety

[Crazy Cat 41,982]

1 minute ago, Boiler said:

• Came to the United States before their 16th birthday
• Have lived continuously in the United States since June 15, 2007
• Were under age 31 on June 15, 2012 (born on June 16, 1981 or after)
• Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS
• Had no lawful status on June 15, 2012
• Have completed high school or a GED, have been honorably discharged from the armed forces, or are enrolled in school
• Have not been convicted of a felony or serious misdemeanors, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety

He doesn't qualify.....He was 17 when he came to the US.

[Boiler 45,730]

OP said he was 9 when he first came.

[Crazy Cat 41,982]

2 minutes ago, Boiler said:

OP said he was 9 when he first came.

But he left a year later....and returned 8 years after that.....just seems to me that the break in presence should disqualify him......but I'm speculating.

Edited March 5, 2018 by missileman

[Boiler 45,730]

I think he was here for 8 years, anyway that does not matter he seems to have qualified, not a factor either way.

[Dashinka 24,635]

1 hour ago, NigeriaorBust said:

   U visas are not easy to get,  kind of a false hope line for a lawyer ;looking for money.   ( how do you arrange to be a witness to a crime without being involved  which would be more than stupid in his case )   Changing spouses is going to look bad,  like he is trying to keep a USC spouse for green card purposes.   The 9c mean there is a 99.9999 % chance he is going to have to leave the country for 10 years.  It is kind of a do it now or do it later decision.   That being said , after those 10 years he will need someone that will have a qualifying hardship to get the waiver that will allow him to return.   Your case is like swimming uphill is a pool of molasses. 

There was a much publicized case here in the Detroit area where a couple started the AOS process back in 2005 (IIRC) fought it with the help of lawyers and was deported late last year.  I thought the same thing, why not go back when the 10 yr bar was uncovered instead of fighting it for twelve years.

[Boiler 45,730]

You can drag the process out, I think many were expecting Amnesty from Obama. Of course in the end we are all dead so just a question of dragging it out long enough.