Married to US citizen, I'm a DACA holder now. He wil be requesting me soon. Do I need to apply for Adjustment status?

Asked over 1 year ago - Blue Springs, MO

I entered the US without inspection, was granted DACA I have ss and employment authorization card. Don't wanna leave the country due that we have mortgage and son together. Do I need to fill out I-130 and I-485 and also I-601A now that it has passed? or just I-130 and I-601A and then I-485?

Attorney answers (4)

  1. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

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    chosen by asker

    Answered . DACA doesn't give you the ability to adjust status ... you MUST leave the US to get your visa. But, with an attorney, you can minimize the amount of time you are out.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . You will not eligible to seek adjustment of status.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Myron Russell Morales

    Pro

    Contributor Level 16

    5

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    Answered . I agree that DACA does not prove an immigration status so you cannot adjust in the U.S. But, if you, a family member or an employer filed an I-130, I-140, I-526 or labor certification on or before April 30, 2001 you might be able to pay a fine and adjust in the U.S.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at:... more
  4. Samuel Patrick Ouya Maina

    Contributor Level 19

    2

    Lawyers agree

    Answered . Based on the facts you posted, you do not apply for adjustment UNLESS you are section 245i eligible. otherwise you will consular process with an I601a waiver

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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