Can i still apply for DACA even though I have file for adjustment of status through marriage before but stopped the process?

Asked almost 2 years ago - Fullerton, CA

i have filed I 130 and I 845 to get permanet residency but did not continue with the process, would that be and issue if i now apply for DACA or should I reaply with my wife she is a usa citizen. Would i still get bar of 10 years if i do.

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . If you file through your wife, you are applying for a green card. If you file through DACA, you are only filing for a two-year work permit.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I cannot understand why you 'stopped the process"? if it's a valid marriage and you two are really living together as husband and wife, then by all means, contact an immigration lawyer (I'd be more than willing to assist you) and file for AOS thru your marriage to a USC.

    Obtaining a green card vs. just obtaining a 2 year employment authorization card? You tell me what your choice is.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . You cannot apply for both. If you are married to a US citizen, why did you stop the process?

    You really should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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