DACA eligibility

Asked 5 months ago - Chicago, IL

If there is a petition for status adjustment on track, from a parent for a child, and the child is DACA eligible can he apply for the work permit? He had previously received a work permit because of the petition but his residency has not yet been approved. The work permit will expire soon but he fulfills all requirements for DACA. Can his petition stop him from applying?

Additional information

His father is petitioning through his spouse who is not his biological mother. Do these kinds of cases take longer than if it was a biological parent petitioning? Is he at risk of being deported?

Attorney answers (4)

  1. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . You really need to talk to an immigration attorney. Much ... much ... much more information and details are needed.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Stephen D. Berman

    Contributor Level 20

    Answered . If a person is eligible for DACA, they can file for DACA and get a work permit.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. Bayarjargal T. Sereenen

    Contributor Level 7

    Answered . The father's petition will not keep the son applying for DACA work extension. There is no processing difference between biological parent and adopted parent. The son is not in deportation risk.

  4. Daniel Patrick Hanlon


    Contributor Level 20


    Lawyer agrees

    Answered . Generally, there is no prohibition against filing for DACA and adjustment of status, but filing DACA when teh adjustment is pending may not be necessary.

    Please note that this posting does not constitute legal advice or create any attorney-client relationship with the... more

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