Asked 5 months ago - Phoenix, AZFlag
Currently i was approved for DACA, my Husband of 5 years is a Naturalized US citizen, and i've been in the US for 23 years. We wanted to know if it would take long to adjust my status considering that my income helps support both of us and me being gone for months even years will affect our livelihood.
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First, congratulations on your DACA approval.
If you entered the U.S. without inspection or are otherwise ineligible to adjust your status in the U.S. (entered with a C1 visa, etc...), and you are not grandfathered under Sec. 245(i), then you are correct that you may need to file an I-601A in order to became a US permanent resident. However, please understand that the I-601A process is NOT adjustment status. This process requires (1) the filing and approval of a petition from your spouse Form I130; (2) the filing and approval of the I-601A, and (3) once those two petitions are approved, your case will then be sent for an immigrant visa interview in your country's Embassy/Consulate. We do not yet know how long immigration will take to process all these cases, but the entire process from start to finish would likely take about 1 year. The great part is that you will only need to leave the U.S. for a short period, as the I130 and I601A will be processed while you are here in the U.S.
It is impossible to answer your question about your chances for qualifying for a waiver. Waiver cases must be well documented and prepared. The hardship that your US citizen spouse must establish can be a challenge unless you work with an experienced immigration attorney. You may also have other alternatives to an I-601A, so I strongly recommend you consult with an immigartion attorney.
Unless you are protected under 245(i), you cannot adjust in the US just yet. You need to consult with an experienced immigration attorney to understand the risks involved in applying for advance parole. If USCIS approves advance parole for you, once you travel and return to the US with the travel document, you become eligible for adjustment of status. Otherwise, you appear eligilble for the provisional waiver. See a lawyer to understand the process and risks. Good luck.
You need to speak directly with an attorney who can guage whether you would qualify for an "extreme hardship" waiver. There are many factors that must be addressed to determine if it is worth filing. My firm handles these cases.
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