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I have DACA (deferred action for childhood arrivals) and married my fiance who is an Army Soldier, How do i apply for residency?

Charlotte, NC |

How do i apply to become a resident? I have researched and learned about Parole in Place as well as Adjusting my Status. However, i did not come here legally. I came at the age of 9 illegally from mexico. What are my options to file for residency? Is parole in place definitely the way to go? we married in July after 5 years of dating & i plan to move with him in January. I can currently work under DACA, but i would like to proceed with my legal status. What steps do you suggest i take?

Attorney Answers 3


  1. I would suggest you meet with an immigration attorney who can review all of your options and the risks with each of those options. You are unlikely to be eligible for a straight forward adjustment of status because you entered without a visa, unless you can arrange to be considered an arriving alien with parole. You may also consider pursuing a waiver of unlawful presence after receiving your immigrant visa. It's definitely something you should talk over with a knowledgeable immigration attorney who will also be able to help you navigate the process.


  2. It may be possible to parole in place but it is more likely you will need to proceed with a provisional waiver and process at a US consulate outside the US. The is a possibility of a favorable change in the immigration if Comprehensive Immigration reform is enacted. Have a consultation with an experienced immigration attorney.


  3. Parole in place or a waiver may be possible, but both are very complicated and your eligibility would depend on a number of factors. It might be helpful for you to reach out to the American Immigration Lawyers' Association's Military Assistance Program (AILA MAP), which offers assistance to families like yours: http://www.aila.org/content/default.aspx?docid=24108.

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