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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

  1. 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.

  2. 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.

  3. 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.

  4. 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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