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Will getting married hinder my deferred action (DACA) case? Tired of waiting, am illegal immigrant marrying US citizen.

New York, NY |

I am a 21 year old female that was brought the the US at age 2. My family came to the US through legal entry but with false names due to political issues. My visa does not have my real name or birthday on it. My parents file for political refugee but was refused. In their court hearing they chose voluntary deportation because they thought they things were better in their old country. After parents heard that their relatives had been imprisoned, they feared for their lives and stayed in the US. At age 20 I applied for deferred action and it has been 11 months since I've applied, and my case is still in initial review. I inquired about my case, and they said it was processing. My bf and I are planning on getting married but I don't know if it will hinder my DACA case or help it. I'm tired of waiting for deferred action, illegal alien marrying US citizen.

Attorney Answers 8


  1. Best answer

    Getting married will not effect your DACA case. You do not, however, mention the immigration status of your fiancé, and that can be great benefit should you get married.

    Assuming he is a U.S. citizen it would appear that once married, you would be eligible for adjustment of status to that of a lawful permanent resident. You will have to address the manner in which you were admitted to the United States and the fraud involved, but due to your young age at the time it was impossible for you to have the requisite intent to defraud. It is a complicated case but one which is definitely winnable by an immigration attorney who has experience dealing with cases involving fraudulent inspection issues.

    Consult with an experienced immigration attorney who can review your case with you, advise you about the issues which need to be addressed and how best to handle them, and recommend an appropriate course of action. Under these face you should not need to depart the United States. Be sure to check the credentials of any attorney you deal with as this case can be loaded with pitfalls for the uneducated.

    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. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.


  2. Getting married will not effect your DACA case. The good news is that you may be eligible to adjust status based on marriage too without a hardship waiver if you apply for advanced parole. There was a fairly recent decision from the Board of Immigration Appeals (Matter of Arrabally) http://www.justice.gov/eoir/vll/intdec/vol25/3748.pdf
    that can make this process possible. Serious immigration consequences may occur if you leave the country without the correct paperwork. For this reason, it's worth the money to consult with an experienced immigration lawyer


  3. You may have several options. I certainly hear the frustration in your voice. I strongly suggest that you pick an experienced immigration attorney to assist you through the process, which in your case has many complications but maybe overcome with the proper strategy and execution.

    Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.


  4. Hire a competent lawyer and talk to her about these matters.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  5. To your question: whether someone is married does not affect eligibility for DACA. While I agree with my colleague that DACA may provide benefits for the green card process, the logistics can be complex. Especially because there are removal proceedings in your family's immigration history, I strongly advise consulting with an immigration attorney, as the implications may be serious.

    DISCLAIMER: This answer is for informational purposes only under the AVVO website, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am only admitted in New York and New Jersey. Visit my site for more information: www.lawcrt.com.


  6. Do the right thing and consult an immigration attorney who can review your past immigration history and properly advise you. DACA will not be impacted by the marriage, which in itself will give you the possibility of adjusting your status. However, your immigration history must be considered.


  7. Your marriage is technically irrelevant to your DACA case. However, getting married and having your spouse file a Petition for you to obtain a visa number may open up an opportunity for you to adjust your status to that of a lawful permanent resident. This depends on whether you can prove your admission and inspection (albeit with a false name) and whether failure to leave on VD presents any inadmissibility issues (it depends how long ago the failure to leave took place and of course, whether you were in removal proceedings with your parents). Long story short, however, marriage does not affect the DACA case.


  8. Marriage will not affect your DACA case. If you get married and your husband files a petition on your behalf, you may be eligible to adjust status to a legal permanent resident. You have numerous options available to you. However, your case has many complexities. You should consult with an immigration attorney to assist you with the process.

    The information provided is intended for informational purposes only and should not substitute for the advice and counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.

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