PLEASE HELP! DACA with prior deportation

[Rem79 0]

I have no idea why anything was done.  I'm assuming the I-130 was filed at the suggestion of their lawyer....

 

DACA has gone away, however for the people who have protections under it, the Congress is "supposed" to be making some decisions around it. 

 

It's bona fide in terms of things like shared accounts, a mortgage, children, etc.  The kind of stuff that is ICE (or whomever) looks for to legitimize it.  I believe she probably loved him at one point, but no longer.  It's a matter of necessity at this point, IMO.

[Cyberfx1024 7,980]

1 minute ago, mcdull said:

so much for a mistress to insist her boyfriend's marriage is bona fide. Love is blind.

I was thinking that exact same thing as you but I wanted to just stay silent and not risk the criticism.

 

[mcdull 474]

Perhaps we could start a petition so VJ would acquiesce relationship advises?

[Boiler 45,730]

4 minutes ago, Rem79 said:

I have no idea why anything was done.  I'm assuming the I-130 was filed at the suggestion of their lawyer....

 

DACA has gone away, however for the people who have protections under it, the Congress is "supposed" to be making some decisions around it. 

 

It's bona fide in terms of things like shared accounts, a mortgage, children, etc.  The kind of stuff that is ICE (or whomever) looks for to legitimize it.  I believe she probably loved him at one point, but no longer.  It's a matter of necessity at this point, IMO.

DACA has no connection with his marriage.

 

Only thing that comes to mind is COR but that seems unlikely.

1 minute ago, mcdull said:

Perhaps we could start a petition so VJ would acquiesce relationship advises?

What we do, longest threads are usually those ones. Not called Visa Judgement for nothing.

[Rem79 0]

You guys must have missed where I said it was bona fide in terms of what they "have together".  That has nothing to do with the absence of love!!  Trust me, I'm not looking for relationship advice from the "high and mighty" keyboard warriors.... was just looking to see if there was something we could do to expedite this process.  Thanks for the snarky responses though.  

[belinda63 3,039]

The sooner he leaves the US the sooner the 10 years will be finished. Other than that there is no way to speed things up.

[Boiler 45,730]

3 minutes ago, Rem79 said:

You guys must have missed where I said it was bona fide in terms of what they "have together".  That has nothing to do with the absence of love!!  Trust me, I'm not looking for relationship advice from the "high and mighty" keyboard warriors.... was just looking to see if there was something we could do to expedite this process.  Thanks for the snarky responses though.  

What process are you looking to expedite?

[Crazy Cat 41,982]

3 minutes ago, Rem79 said:

 was just looking to see if there was something we could do to expedite this process. 

and you think a public forum is preferable to his attorney's advice?  

[HappyBunny 22]

Yeah. He has to wait 10 yrs as prev have advised. DACA doesn't give a way around it. His daca has nothing to do with the aos.  

[Rem79 0]

1 minute ago, missileman said:

and you think a public forum is preferable to his attorney's advice?  

I was told by friends who have been through this process that this site was more helpful than their attorneys, who they ditched and finished it on their own... so, yes, I was optimistic that someone here may have some additional insight or information!

[geowrian 22,337]

21 minutes ago, Rem79 said:

I have no idea why anything was done.  I'm assuming the I-130 was filed at the suggestion of their lawyer....

 

DACA has gone away, however for the people who have protections under it, the Congress is "supposed" to be making some decisions around it. 

 

It's bona fide in terms of things like shared accounts, a mortgage, children, etc.  The kind of stuff that is ICE (or whomever) looks for to legitimize it.  I believe she probably loved him at one point, but no longer.  It's a matter of necessity at this point, IMO.

Probably...not that the I-130 will actually do anything (unless maybe something is done with DACA to permit them to do AOS).

 

USCIS IOs review it for AOS (which he cannot do) and COs do it for Consular Processing (in which the 10+ year wait comes into play). Just know that pursuing the process with an active girlfriend/mistress could turn into a nightmare and he would be stuck with no options. I'll probably get in a bit of trouble for saying this, but traditionally men aren't very good at hiding a partner from their wife for long. They catch on. No judgement...just saying that this could explode into something much worse.

Edited March 5, 2018 by geowrian

[Rem79 0]

5 minutes ago, Boiler said:

What process are you looking to expedite?

Was looking to see if there was anything that could be done to move from where he is (with the I-130 approval being the most recent hurdle jumped) to whatever is next.

[Boiler 45,730]

3 minutes ago, Rem79 said:

Was looking to see if there was anything that could be done to move from where he is (with the I-130 approval being the most recent hurdle jumped) to whatever is next.

That would be going home and waiting out the ban, down to him.

[Rem79 0]

The information on this site suggests that he can apply for an AOS, if he first applies to obtain a lawful entry by using "advance parole" as a DACA recipient or he obtains a waiver, in which case an immigration attorney is necessary.  

 

https://citizenpath.com/after-i-130-is-approved-whats-next/

 

Immediate Relative Inside the United States

Generally, as an Immediate Relative who is inside the United States, you have the option of “adjusting status” to a permanent resident. (Although it is possible for Family Preference immigrants to adjust status, it is less common due to the wait times associated with the categories.)

Adjustment of Status

An individual that wants to change his or her non-immigrant status to immigrant or permanent resident status (green card holder) uses a process called Adjustment of status (AOS). Form I-485, Application to Register Permanent Residence or Adjust Status, is the primary form used in an adjustment of status (AOS) application. 

Although additional factors will be considered before approval an AOS application, the three fundamental requirements to adjust status require that you must:

• Be physically present in the United States.
• Have an approved alien petition. 
• Have a lawful entry to the United States.

Lawful entry means that the individual was admitted or paroled into the United States. For most people, this generally means that you entered the United States with valid documentation and made face to face contact with a U.S. immigration officer and that officer acknowledged your entry to the United States. If you entered with a valid visa, but that visa has since expired, you still had a lawful entry. DACA recipients that initially entered the U.S. without inspection with their parents can obtain a lawful entry by using advance parole. For other individuals that have an unlawful entry but otherwise meet the requirements to adjust status, a waiver may be available. For waiver cases, the guidance of an immigration attorney is highly recommended.

Edited March 5, 2018 by Rem79

[Cyberfx1024 7,980]

6 minutes ago, Rem79 said:

I was told by friends who have been through this process that this site was more helpful than their attorneys, who they ditched and finished it on their own... so, yes, I was optimistic that someone here may have some additional insight or information!

We are usually a lot more helpful than lawyers in a lot of cases. But this is also a public forum so expect the criticism that comes with that. You brought into this thread the personal aspect of it relationship wise so that is why people are commenting on that.