i just received my DACA and have a valid work permit with a SSN that allows me to work in the us for 2 years we are about to have a baby together and really want to get married and he is also about to begin the process of becoming a citizen.
Yes he can petition for you as soon as you get married. Remember that while he is still a permanent resident you will have a waiting period after the initial I-130 petition is filed and approved before you can file the application for the green card (I-485). However, as soon as he becomes a US citizen you will be considered an immediate relative and will then have no waiting period and may also be able to file the forms simultaneously. Good luck. you may also wish to hire an experienced immigration attorney to help.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
Depends on the manner in in which DACA person originally come to the US if he came with a visa, how soon you will naturalize.
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Your fiance must become a US citizen for you to obtain a green card as a spouse despite being out of status.
If you were to marry an LPR he can petition for you. However, the process will take a number of years and the fact that you are out of status will be relevant when it comes time for you to actually be issued a green card. Consult with an experienced immigration attorney who can review the facts of your case, explain the process to you, and recommend the best way to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.
While in DACA status you do not accumulate unlawful presence, however, DACA does not give you a lawful status in the United States. This means that if you entered the United States without a visa, you will not be able to adjust your status to permanent resident, either through a petition from your lawful permanent resident spouse, or a petition from your spouse should your spouse convert from permanent resident status to United States citizenship. If you had a lawful admission and your spouse eventually becomes a United States citizen. It may be possible for you to adjust your status to permanent resident while in the United States.
In the event you are not eligible to adjust to permanent residence status, under the current immigration and nationality act, you would be required to depart the United States to obtain permanent resident status. You may also require a waiver of unlawful presence.
You should schedule a meeting or a consultation with an immigration attorney to explore your eligibility so that you have a full understanding of your possibilities under the immigration law.
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