He's a DACA recipient. I'm a US Citizen. We're married, and he was unable to take advantage of advanced parole when active, now he can't use it. His permit expires until 2021, but since ICE has been seeking to deport DACA recipients as soon as the court decision goes their way, I'm wondering what are my options to keep him in the country. He was sexually abused as a child by a relative, could the prosecution of such individual help him become eligible for an U visa? We do not have children, and I do not have a career. The perpetrator also threatened to kill him if he were to go to Mexico (on Facebook; I screenshot it), and I was also hoping we could use this, since his life could be in danger. There is also a lot of crime in Tijuana that is targeted towards people from Sinaloa, and that is where he is from, so being in Tijuana would be really dangerous for him (I have a house and family there, so that's where we'd go if he's deported). We were advised that I could claim that I'd be deeply affected (extreme hardship) if he left, and see a psychologist, but i don't know if this would affect me since I want a career in law enforcement. Is there anything we can use to help him?
If he was parolled into the U.S., you can file a petition for alien relative and he can file for adjustment of status.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You can sponsor him for a green card, get him an I-601A unlawful presence waiver if required, and he can get a green card at the US Consulate in CDJ.
Otherwise, he may be eligible for asylum or cancellation removal.
Please see https://www.avvo.com/legal-guides/ugc/green-cards-through-marriage and https://www.avvo.com/legal-guides/ugc/asylum-4-tips-to-help-you-win-your-case
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He is a Certified Specialist in Immigration Law who has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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