Have DACA married to US citizen

[Maria Yanez 3]

Hello,

I have DACA after turning 18 had an illegal entry  and I’m married to a Us citizen do I need to do the i-601a waiver? I’ve heard some people in my same situation do and others don’t. I’m confused 

[USS_Voyager 1,972]

1 minute ago, Maria Yanez said:

Hello,

I have DACA after turning 18 had an illegal entry  and I’m married to a Us citizen do I need to do the i-601a waiver? I’ve heard some people in my same situation do and others don’t. I’m confused 

Did you enter the US the last time using DACA or illegal entry? 

[Maria Yanez 3]

I had an illegal entry ewi I was brought at 1 year old 

[Boiler 45,538]

Then you need a waver.

[Anaid18 1]

Yes. It guarantees that you dont get a 3 to 10 year ban when you go to your interview if you are planning on re adjusting your status with your usc husband.

[databit 328]

...as long as you have not worked in the US, or had a false SS#, or ever claimed to be a US citizen (like on a tax form) or been arrested or committed any CIMT crimes

Edited February 18, 2019 by databit

[little immigrant 801]

Doesn't DACA give you a work permit? @databit

[Boiler 45,538]

It does

[EM_Vandaveer 2,408]

Your process would be as follows: file I-130 & I-130A. Once that's approved, file I-601A, if approved, finish NVC processing then go to your original country for medical & immigrant visa interview.

[geowrian 22,337]

On 2/18/2019 at 10:09 AM, Maria Yanez said:

I’ve heard some people in my same situation do and others don’t. I’m confused 

Depends on the circumstances. "Same situation" is never really the same...every case is unique.

If somebody got DACA before age 18 (or within 179 days of turning 18), then there would be no need for an unlawful presence waiver as they would not have 180+ days of unlawful presence.

If somebody obtained AP and used that to re-enter the US, then they could do AOS and no waiver would be needed for unlawful presence.

 

Based on your responses here, your circumstances don't appear to fall into either of those categories.

[EM_Vandaveer 2,408]

1 hour ago, geowrian said:

Depends on the circumstances. "Same situation" is never really the same...every case is unique.

If somebody got DACA before age 18 (or within 179 days of turning 18), then there would be no need for an unlawful presence waiver as they would not have 180+ days of unlawful presence.

If somebody obtained AP and used that to re-enter the US, then they could do AOS and no waiver would be needed for unlawful presence.

 

Based on your responses here, your circumstances don't appear to fall into either of those categories.

In your first example ("If somebody got DACA before age 18 (or within 179 days of turning 18), then there would be no need for an unlawful presence waiver as they would not have 180+ days of unlawful presence") , if they EWI then they still have to do consular processing, just no need for the waiver, correct?

 

As for AP on DACA, it used to be a possibility but I believe USCIS stopped issuing them to DACA recipients.

[EM_Vandaveer 2,408]

OP, you got your DACA after turning 18, but how long after? Less than 180 days or more after your 18th birthday?

[geowrian 22,337]

8 minutes ago, EM_Vandaveer said:

In your first example ("If somebody got DACA before age 18 (or within 179 days of turning 18), then there would be no need for an unlawful presence waiver as they would not have 180+ days of unlawful presence") , if they EWI then they still have to do consular processing, just no need for the waiver, correct?

Yup. AOS is not available for EWI (unless re-entered / inspected via AP). But unlawful presence does not accrue while under 18 or while covered by DACA.

 

8 minutes ago, EM_Vandaveer said:

As for AP on DACA, it used to be a possibility but I believe USCIS stopped issuing them to DACA recipients.

Correct....not a path for anybody who didn't already do it.

[Ryan H 3,812]

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

[Visitor User 253]

On 2/18/2019 at 11:34 AM, databit said:

...as long as you have not worked in the US, or had a false SS#, or ever claimed to be a US citizen (like on a tax form) or been arrested or committed any CIMT crimes

Working without authorization is forgiven when married to a USC as well as under 245i (If qualifies). 

 

Isn’t there a waiver for working with false SSN? You can claim USC on tax form? You mean I-9?

Edited March 5, 2019 by Visitor User