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I have a Work Permit though DACA. Came to the US with a Tourist Visa. Is there any options to change for another visa/greenC.?

Chapel Hill, NC |

Currently in College working on a Bachelors.
Work at ATT in College Co-Operator Program.
Thanks a lot.

Options through work? since I'm not married.

Attorney Answers 4

Posted

Yes through a petition by a US citizen immediate relative.

Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.

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Posted

Yes, through a marriage to a US citizen, which will enable you to obtain a green card within 5-7 months from the time your USC spouse sponsors you for a GC. Can also obtain a GC through a qualifying parent's petition, but that could take years to process.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

Your best option is a bona fide marriage to a US citizen. Even that has some problems, however.

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

In general, changing or adjusting your status from inside the U.S. will require you to be in lawful status at the time you apply for the change. (One exception is adjustment of status as an immediate relative, which includes the spouse of a U.S. citizen--which is why many other attorneys recommended that path).

You currently have DACA, but that is not, technically speaking, lawful status. So, outside of adjustment as an immediate relative, you probably don't have a means of changing or adjusting your status from inside the U.S.

You could potentially leave the U.S. and apply for an immigrant visa from abroad, but if, at the time of your departure, you had accumulated more than a year of unlawful presence in the U.S., you would be barred from coming back for ten years. There is a waiver available, but only if you can demonstrate an extreme level of hardship to a spouse or parent who is a green card holder or U.S. citizen.

Now, your grant of DACA stopped the accumulation of unlawful presence. And assuming you only made that one entry on the tourist visa, overstayed and never left, then you would not accumulate any unlawful presence until you turned eighteen.

So, my follow up question for you is this--how old were you when you were granted DACA?

Also, do you now if anyone ever filed immigration paperwork for you in the past? What about for either of your parents? If so, what was filed, and when (even if it wasn't approved)?

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22 comments

Asker

Posted

Hey thanks for your response. I was 20 when i was granted DACA and when i came into the US i was 8. Now I'm 21. My moms sister petitioned her in 2007 for brother , but i know thats really a long process. and was approved in 2008. Idk, maybe through my Bachelors Degree is there another way? Thanks a lot. for your help.

Mark Robert Barr

Mark Robert Barr

Posted

Yes and no. Getting a degree will be instrumental in finding an employer who is able and willing to sponsor you in a skilled employment-based category. The problem will be in your inability to adjust status in the U.S. on the basis of that hypothetical employment-based visa petition due to the fact that you are currently out of status, and your inability to consular process from abroad without triggering the 10 year unlawful presence bar.

Asker

Posted

Got it. Well, thanks a lot for your time i just had that on my mind thanks a lot

Mark Robert Barr

Mark Robert Barr

Posted

Have you ever been the victim of a crime in the U.S.?

Asker

Posted

No. Only in 2010, I was a victim of Armed Robbery with Gun in the front of my house and made a police report. But thats it,

Mark Robert Barr

Mark Robert Barr

Posted

You might qualify for a U visa. See: http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status

Asker

Posted

If i apply and get denied, do i lost my deferred action? also, under what category would this type of crime fall into?

Mark Robert Barr

Mark Robert Barr

Posted

That could potentially be a great solution to your problem. No harm in trying, because you're protected by DACA. But if you get it, and then don't violate the terms of the nonimmigrant U, you'll eventually be able to get your green card--notwithstanding the fact that you fell out of status many, many years ago. As you read through the U visa materials, you'll see that there is no requirement that the perpetrators of the crime actually be convicted, or even prosecuted, or even caught (I've won a few U visas for victims where the police were never able to find the criminals). The only requirements are that: (1) you were the victim of a serious crime (and armed robbery should fall into that category); and (2) you were helpful to law enforcement (and giving a statement can absolutely be enough, assuming that was all that was asked of you). Good luck delving into this further--I hope it works!

Mark Robert Barr

Mark Robert Barr

Posted

No--no risk to your DACA. I suppose, if the U visa as actually granted, you might not have DACA anymore. But at that point, who cares--actual lawful status on a U would be better than the "non-status" of DACA.

Asker

Posted

Thanks a lot for your Help. Even if it was back in 2009? Do i need to ask the police for a statement?

Mark Robert Barr

Mark Robert Barr

Posted

I'd probably use Felonious Assault--maybe others, as well, depending on the circumstances in your case. Gather up your criminal documents and go meet with an immigration attorney--preferably one that specializes in U and VAWA cases. There is probably very little downside, other than the cost of filing, to at least trying. If you lose, you gave it a shot, but still have DACA. And if you win, you're on a path to a green card.

Mark Robert Barr

Mark Robert Barr

Posted

According to the actual immigration laws, passed by Congress, regarding U visas, it shouldn't matter when the crime occurred. You will need someone in law enforcement--and the police department is probably a good place to start--to sign a supplement attesting to your cooperation in the investigation of this crime. Police departments across the country will vary in the way they interpret the uniform federal law. So, it's true that some departments will create a deadline--even though it's not in the actual law. Let's hope that the police department that handled your case is comparatively liberal in their willingness to sign a law enforcement certification.

Asker

Posted

Got it, What is the Filling Fees? btw, thanks a lot for your help and time your taking to answer my concerns, you don't really have to but i appreciate your help.

Mark Robert Barr

Mark Robert Barr

Posted

$0

Mark Robert Barr

Mark Robert Barr

Posted

Only cost to you would be any fees paid to an attorney to help you with the process.

Mark Robert Barr

Mark Robert Barr

Posted

Depending on other facts in your case, you might also need a waiver, and the filing fee for that is $585.

Asker

Posted

Since i entered the US with tourist visa and stayed. I was 11 and now I'm 21. Do i need any waivers?

Mark Robert Barr

Mark Robert Barr

Posted

If that's it, then no. No fraud, misrepresentation, false claims to U.S. citizenship, crimes, etc., etc.

Asker

Posted

No, never have had any other problem with any Government Agency or non Agency. One more last question, If I am granted a U Visa. and need to travel Abroad, lets say for school reasons, Could there be a problem with Inadmissibility Bars? Or do i need to file to adjust status or something?

Mark Robert Barr

Mark Robert Barr

Posted

Hmmm. That is an interesting question, because it deals with the interplay of your DACA and the U. Thinking about the U alone, there would be a problem. As someone in the U.S. unlawfully for more than a year, as soon as you left the U.S. you would be barred from returning for ten years. You can get a waiver for this. But you couldn't get it at the time you filed for the U because you don't "trigger" the bar until you leave. So, it would be a problem, but one that could be overcome by filing the waiver application after your departure (and after you already had the U). But if you had advance parole based upon your DACA, then any exit on that AP should not be treated, technically, as a departure--meaning that you should be paroled back in without any need for a waiver. So, that 's what makes the question interesting--if you got the U, would the DACA be automatically extinguished? Frankly, I don't know off the top of my head. My educated guess is that the DACA would go away. For example, if you were a student, on an F-1 visa, and then you changed status to an H-1B, the F-1 status would automatically go away. Because an individual can't have two statuses at the same time. But remember, DACA is NOT a status. It is just a formal measure of administrative grace. Here's how you could figure it out. Get the U. Then, while your DACA is still good, apply for advance parole. Explain to USCIS that you have an approved U. If the Service approves the DACA based AP, with full knowledge that you have a U NIV, then that's a good sign that the U didn't extinguish the DACA. Even then, however, I'd probably recommend that you talk to an attorney before traveling. Safest course of action, of course, is to not travel at all until you have the green card.

Asker

Posted

Thanks a lot for your Help and your time.

Mark Robert Barr

Mark Robert Barr

Posted

Good luck--hope it all works out--you're in a lot better shape than a lot of folks.

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