Hello, I am under DACA & I just recently married my husband who’s born & raised here in the United States 8 months ago.. as you may know right now the Congress is disputing wether to leave DACA or take it off.. my question is, should I wait and see the results of the Congress or should I apply for my residency through my spouse? He is also in the army (national guard, may soon deploy) & we have a 1 year old son! I talked to a lawyer already & he said that since he’s in the army I can get “stamped” as if I came here legally! I didn’t go for that lawyer because he said everything would come up to like 7k, I’m looking for a more affordable & trustworthy lawyer.. if anyone can give me any tips I’ll great fully appreciate it!
"Parole in Place" ("PIP") is still valid and doable in your case. Work with a more "trustworthy" lawyer in your opinion, however, will likely not be any cheaper for the work that needs to be performed.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and 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.
All the possible changes of DACA mean that it's better to act now, before anything changes. It sounds like what you can do is apply for parole in place, because of your husband being in the military. After you have parole in place, now you have a lawful admission or parole into the United States, which means you can later adjust your status to permanent residency.
If you're interested, you can send me a message through Avvo and we can talk more about your case and what the attorney fees and government fees would be.
$7k is not a bad price for a complicated Parole-in-Place adjustment for a DACA holder.
The 'big' DACA debate is not taking place in Congress .. it is in the Chambers of the US Supreme Court.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 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.
In addition to the information in the previous responses, you have not mentioned any detail that led you to conclude that the attorney who provided advice to you was less than fully trustworthy. If you reached a conclusion about trustworthiness based upon the total filing fees, legal fees and related expenses, then perhaps you should consider a different measurement of lawyer trustworthiness.
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway
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