On May 2011, my husband was approved on petition I-130. We then applied for from I-824 (we had a lawyer). I-824 was approved on April 2012. The next step we needed to do was pay the fees to NVC and wait for the visa appointment to see if he would be approved. However, we decided to put the NVC step on hold because president Obama had passed the DACA petition. We applied for it on our own and my husband was approved. The DACA is only good for two years. I want him to become a permanent resident. What can I do to keep the previous petitions from getting expired? Could we pick up where we left off with NVC by sending in the forms and fees? We want to do this before his temporary residency expires. Possibliy sometime next year. I understand he may still leave the country.
I assume you are US citizen and not a legal permanent resident so the immigrant visa number is immediately available to your husband. Please do not make a mistake thinking that your husband is a temporary resident; he is not; he is only DACA beneficiary. If immigrant visa is available to him then take advantage of provisional I-601A waiver of unauthorized presence (if he does not have any criminal or other grounds of inadmissibility other than unauthorized presence) and once adjudicated forward it to National Visa Center so they would schedule an interview for him overseas at US consulate. Prior to filing I-601A you will need to communicate with NVC; file DS260 (immigrant visa application electronic or otherwise); pay their fees and submit it with I-601A. This is generally the process you need to go through but dont be discouraged and don't be complacent with his DACA because it does not give him anything other than privilege not to be placed in removal proceedings for two years. In any case you do need to have your own attorney to review your case and give you proper advice.
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