My husband was granted DACA already but I want to start the process for permanent resident. I am a U.S. Citizen and we have been married for 7 years and have 3 kids, all citizens as well. My question is if the process would still be filing the I-130 along with the G325a or would it be a different process since he has DACA?
It depends on how he entered the US. If he entered on a visa and overstayed or was paroled into the US, he can adjust his status to permanent resident without having to exit the US. However, if he entered the US unlawfully, he will need to return to his country for his green card interview. He will have to get an I-601A hardship waiver prior to leaving the US. Please see
Mr. Shusterman's (former INS Trial Attorney, 1976-82) 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.
There is no DACA to permanent residency process. DACA is not a status. It is a stay of execution. It has nothing to do with the process of seeking permanent residency except in a narrow circumstance or two, which have all to do with eligibility for adjustment of and not the process you referred to. Hence, the answer to your question is yes, the process is the same. Whether he would be able to adjust based on your immigrant visa petition depends entirely on his immigration and criminal history including the manner in which he last entered the USA, whether where he has DACA or not.
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.
The DACA status is largely irrelevent when applying for legal permanent residency, as it doesn't provide a pathway by itself. The key is whether your husband was "inspected" when he entered the United States (did he come here legally?). That is really the big factor that will change the procedure. If he came here legally and overstayed, the process is the same for a DACA or non DACA individual. Also, you may be able to file the G-325A, I-130, I-485 and I-765 altogether.
While I agree with the other attorneys, I want to point out that your husband may be eligible for advance parole. Advance parole is essentially a travel permit that will allow him to obtain the necessary admission or parole for adjustment purposes if he doesn't already satisfy this requirement. Using the advance parole as a stepping stone to adjustment is often much cheaper, less stressful and less risky than the waiver process. Regardless, consult with an attorney to determine your strategy before you start the case.
Please note that this response is for informational purposes only and does not create an attorney-client relationship.
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