My spouse was born in the United States and I was born in Mexico, we have two kids and have been together for 5 years. We are not married yet but will go to court to get legally married. After that I would like to start paper work so I can become a U.S citizen but I want to know if I have to go back to Mexico to file for I-192 forgiveness even though I have D.A.C.A, the working permit. Is there anyway I can avoid going back to Mexico. I have been in the U.S for 14 years now and have not left. I am 19 years old and so is he. We have been living together for 2 years. Also how long will this process take?
Yes, you must leave the US and go to Cd. Juarez for the greencard ... after getting an I-601A approved ... NOT the I-192
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A lot depends on whether you were admitted to the USA at some point as opposed to having come in as EWI, or whether you had applied for Advance Parole related to DACA when it was available and traveled abroad to be paroled back in upon return.
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I would arrange a formal consultation with a good immigration lawyer to discuss your options. First you would want to make absolutely sure you are not eligible to apply for adjustment of status to a lawful permanent resident (green card holder) without leaving the U.S. This is not normally possible if you entered the U.S. unlawfully, but there are some exceptions. Second, even if you have to leave the U.S. to apply for an immigrant visa at a consulate abroad, if you got DACA before you turned 18, you may not need the waiver. You need to go over these facts in more detail with a lawyer.
First, your partner is not your spouse until you get married.
Second, because you have DACA I am going to assume you entered the USA without inspection (commonly referred to as illegally or without papers). This being the case you will need a provisional waiver. This requires that you return to Mexico for approximately a week to attend an interview and return with an immigrant visa,
A provisional waiver is a complicated process. I strongly suggest you consult with an experienced immigration attorney.
I have 33 years experience and practice immigration law only. My answer to your question is general in nature and not to be construed as legal advise or as establishing an attorney-client relationship. Please call my office (904)296-7702 or send an email to [email protected] to schedule a consultation to discuss how I can help you with your personal situation.
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