If I'm on the daca 2 year permit can I request to go visit Mexico one week and come back ?
How do I go about that and can I apply for resediancy if they let me go and come back since I was brought to the united stated when I was one year old and I'm engaged I also have one daughter and own a house ?
3 attorney answers
Try and see if you get approved. Strongly suggest hiring a lawyer for this purpose.
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.
You can make that request, but you need to apply for something called Advance Parole using USCIS Form I-131. It also has to be for one of these three specific reasons that you need to travel: educational, employment, or humanitarian purposes.
As for the residency question, yes, travel and return on DACA-related Advance Parole will indeed permit you to apply for residency here in the US through a process called Adjustment of Status, even if your previous entry into the US was illegal -- but only if you qualify otherwise (for example, if you would be married to a US citizen). We just won a case very much like that -- to the best of our knowledge, the first such case in Colorado. I'd very strongly recommend working with an experienced immigration attorney on this type of case -- and make sure that whoever you work with thoroughly reviews your immigration history and any criminal history (if any).
This answer constitutes general advice and does not constitute specific legal advice, nor create an attorney/client relationship.
I fully concur with attorney Pavri's assessment. Note that there are some other potential solutions depending on your goals and circumstances, but they are long term solutions. If your fiancé is not a citizen, there may be a way to help him/her or you can wait until he/she naturalizes. Also, you may eventually be able to adjust status through your child, once he/she becomes 21 years old. Your options would best be explained by an attorney, given all of the relevant facts of your case.