I was granted DACA, I’ve had it for about 4 yrs now I also married a U.S citizen and had a son together . My parents brought me to the U.S illegally when I was about 2yrs of age, My question is, what do I need to file for a green card and also would I have to leave the U.S? And if so, for how long ?
Have you travelled on DACA AP?
Your position in terms of entry and ability to adjust remains the same if you do not have the legal entry requirements.
It is advisable to contact an immigration lawyer via telephone, email or Skype to discuss the best option for you to adjust or CP.
Having DACA means deportation based on unlawful presence is deferred, but it doesn’t give you a legal status and doesn’t allow you to adjust through marriage without a legal entry to the US. Because you entered without a visa, you would need to have been granted an Advanced Parole (which are no longer allowed for DACA) to adjust status based on your marriage. Consulting with an immigration attorney and explaining your situation (bring your DACA paperwork) can help determine if there is an option for you. It is possible you may be able to qualify for a waiver of you entry, but you should have an attorney guide you in that process. Wishing you good luck.
If you did not get an Advance Parole under DACA, you can NOT get a greencard without getting a waiver and going home to get your greencard at the US Consulate.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are 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.
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