DACA (Deferred Action for Childhood Arrivals) after marriage fraud by parent?

Asked almost 2 years ago - Los Angeles, CA

Hi, I believe I meet all the requirements of DACA, but I have a rather complicated case. My mom married a USC and she filed AOS for both her and myself through the marriage. The AOS was pending on for several years until this year, where it looks like it will be denied b/c of marriage fraud. I was wondering if I should withdraw my AOS application and apply for DACA instead? I was interviewed about the marriage (between my mom and the USC), will there be consequences for me if later on USCIS charges that the marriage was fake?

I know DACA is discretionary and that there is no possibility for appeal, so if I am even eligible, how will my history play into the DACA application?

Additional information

No the marriage is not fraudulent, we are all living under one roof. It's just that my step-dad does not speak english very well and he misunderstood the questions and gave answers that do not have support by documentation. I just want to ask my eligibility regarding DACA if they denied the AOS.

Attorney answers (3)

  1. 3

    Lawyers agree

    Answered . It's a good idea for you to sit down and discuss your concerns with an experienced attorney.

    Having said that, the government should not punish you for the misconduct of another, unless you were somehow at fault as well. Did you make knowingly false statements?

    Any and all responses to this and any other questions are intended for basic informational purposes only and are... more
  2. 1

    Lawyer agrees

    Answered . If you furthered the lie and participated in the fraud they may make a finding that you commited fraud as well for making a false statement in connection with an immigration benefit. Seek counsel to review your file and go over the statement you provided..

  3. 1

    Lawyer agrees

    Answered . Since you have not engaged in any fraud and DACA is independent of the facts of your mother's case, you should be OK.

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