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Can i still apply for DACA even though I have file for adjustment of status through marriage before but stopped the process?

Fullerton, CA |

i have filed I 130 and I 845 to get permanet residency but did not continue with the process, would that be and issue if i now apply for DACA or should I reaply with my wife she is a usa citizen. Would i still get bar of 10 years if i do.

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Attorney answers 3

Posted

I cannot understand why you 'stopped the process"? if it's a valid marriage and you two are really living together as husband and wife, then by all means, contact an immigration lawyer (I'd be more than willing to assist you) and file for AOS thru your marriage to a USC.

Obtaining a green card vs. just obtaining a 2 year employment authorization card? You tell me what your choice is.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

we stopped the process because i came here illegaly and we were afraid of having to face the 10 year bar. We have 3 kids and that would be really hard on us. Would our case still be open after 3 years of stopping?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

I understand. No. A case cannot remain 'open' after having abandoned it so long ago. You will now have to refile and pay the USCIS fees again. As I previously mentioned I stand ready to help you and bring about a happy ending to all this. I could meet with you in either orange countynty or LESS

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

I understand. No. A case cannot remain 'open' after having abandoned it so long ago. You will now have to refile and pay the USCIS fees again. As I previously mentioned I stand ready to help you and bring about a happy ending to all this. I could meet with you in either orange county or ESS

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

I understand. No. A case cannot remain 'open' after having abandoned it so long ago. You will now have to refile and pay the USCIS fees again. As I previously mentioned I stand ready to help you and bring about a happy ending to all this. I could meet with you in either orange county or LA on the weekend or Monday.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

I understand. No. A case cannot remain 'open' after having abandoned it so long ago. You will now have to refile and pay the USCIS fees again. As I previously mentioned I stand ready to help you and bring about a happy ending to all this. I could meet with you in either orange county or LA on the weekend or Monday.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

I understand. No. A case cannot remain 'open' after having abandoned it so long ago. You will now have to refile and pay the USCIS fees again. As I previously mentioned I stand ready to help you and bring about a happy ending to all this. I could meet with you in either orange county or LA on the weekend or Monday.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

I understand. No. A case cannot remain 'open' after having abandoned it so long ago. You will now have to refile and pay the USCIS fees again. As I previously mentioned I stand ready to help you and bring about a happy ending to all this. I could meet with you in either orange county or LA on the weekend or Monday.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

I understand. No. A case cannot remain 'open' after having abandoned it so long ago. You will now have to refile and pay the USCIS fees again. As I previously mentioned I stand ready to help you and bring about a happy ending to all this. I could meet with you in either orange county or LA on the weekend or Monday.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

I understand. No. A case cannot remain 'open' after having abandoned it so long ago. You will now have to refile and pay the USCIS fees again. As I previously mentioned I stand ready to help you and bring about a happy ending to all this. I could meet with you in either orange county or LA on the weekend or Monday.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

I understand. No. A case cannot remain 'open' after having abandoned it so long ago. You will now have to refile and pay the USCIS fees again. As I previously mentioned I stand ready to help you and bring about a happy ending to all this. I could meet with you in either orange county or LA on the weekend or Monday.

Asker

Posted

Thank you, but what is the guarantee that I will not be facing the 10 year bar? I have your info and i will discuss with my wife regarding meeting you, we can not afford a attorney at the moment.

Posted

If you file through your wife, you are applying for a green card. If you file through DACA, you are only filing for a two-year work permit.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

yes, I understand that, the only problem we is that we would be facing the 10 year bar and I would have to go back to mexico, i understand that there is a no family separation option or is that not true, i was brought here as a minor. Can I apply for DACA and then reaply with my wife, or what are the cons of it. Would I really face the 10 year bar away from my family?

Posted

You cannot apply for both. If you are married to a US citizen, why did you stop the process?

You really should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Asker

Posted

We stop the process because we do not want to be separated, I understand that if you enter the country without inspection you have to go to your country to adjust status and then get the 10 year bar. Can I adjust status without leaving USA?