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

Asked about 1 year ago - 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. Rebekah Grafton

    Contributor Level 10

    3

    Lawyers agree

    Answered . 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. Shuting Chen

    Contributor Level 8

    3

    Lawyers agree

    Answered . 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=....

  3. Robert Louis Brown

    Pro

    Contributor Level 20

    Answered . 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.

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Immigrant visas

Immigrant visas can lead to permanent residence in the US, but they require being sponsored by either a family member or employer.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,243 answers this week

2,950 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,243 answers this week

2,950 attorneys answering