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

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. Best answer

    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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  3. 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: (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500

  4. 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 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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