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Married to US citizen, I'm a DACA holder now. He wil be requesting me soon. Do I need to apply for Adjustment status?

Blue Springs, MO |

I entered the US without inspection, was granted DACA I have ss and employment authorization card. Don't wanna leave the country due that we have mortgage and son together. Do I need to fill out I-130 and I-485 and also I-601A now that it has passed? or just I-130 and I-601A and then I-485?

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Attorney answers 4

Best Answer
Posted

DACA doesn't give you the ability to adjust status ... you MUST leave the US to get your visa. But, with an attorney, you can minimize the amount of time you are out.

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Asker

Posted

So I have to apply for a visa first and if I fill out I-601A I will have to leave for a short period of time?

Asker

Posted

Thanks for your time!!

F. J. Capriotti III

F. J. Capriotti III

Posted

No, you don't apply for the visa first. 1. I-130 filed by USC (this is called a petition) 2. Deal with NVC to coordinate the DS-230 visa application with the waiver 3. File the waiver 4. Go to the US Consul for the visa Need I state the obvious? ..... that you should hire an attorney.

Posted

You will not eligible to seek adjustment of status.

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Asker

Posted

So I have to apply for a visa first and if I fill out I-601A I will have to leave for a short period of time? Thanks for your time!!

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Yes. SO they say.

Posted

I agree that DACA does not prove an immigration status so you cannot adjust in the U.S. But, if you, a family member or an employer filed an I-130, I-140, I-526 or labor certification on or before April 30, 2001 you might be able to pay a fine and adjust in the U.S.

This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: info@moralespllc.com (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500

Asker

Posted

So I have to apply for a visa first and if I fill out I-601A I will have to leave for a short period of time? Thanks for your time!!

Myron Russell Morales

Myron Russell Morales

Posted

Yes, now you can do the 601 in the US, so less time is spent abroad.

Posted

Based on the facts you posted, you do not apply for adjustment UNLESS you are section 245i eligible. otherwise you will consular process with an I601a waiver

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104