I currently have DACA and I married a green card holder(not citizen), I want to know will I have to go out of the country since I have never left since the time when i entered which was when I was 7 years old and entered illegally. My husband has a green card and its under category SJ6. Thank you.
He can file the I-130 now and then you will be put in the queue for FB-2a cases from your country of birth (See the State Department's Visa Bulletin which changes every month/ Since you don't have a legal entry you will need to process the final stage at the overseas consulate unless you have 245(i) eligibility from another relative. Depending on how old you were when you received DACA you may or may not trigger a ten year penalty when you leave the U.s. so consult with an attorney If this will occur, you should file for an I-601A waiver before leaving the u.s. to minimize your time overseas.
Yes, you have to leave the US and attend the interview at the US consulate. There is a waiver available for the ten-year bar which is adjudicated before you leave the US.
You should file the I-130 now since they are taking 10 months or so, and then go through the waiver process. Please see a Board Certified immigration attorney.
Because you did not enter the country legally, you will need to leave to get valid immigrant status and will go through a process at the US consulate in your home country and have an interview at the consulate. If you received DACA before you were 18 and have maintained DACA continuously since then, you may not have accumulated any unlawful presence, but that should be determined only after careful review by an immigration attorney. There can be other reasons that make an person inadmissible, and leaving the US when that is the case means getting back here can be difficult to near impossible. So your first order of business should be a confidential consultation with an immigration attorney who can evaluate your eligibility to leave the country, and return, and whether or not a waiver will be necessary for your situation. Wishing you good luck.
Answers to questions on Avvo are for general purposes only. This response should not be considered legal advice for your situation, and does not establish an attorney-client relationship. To get legal advice, contact an attorney for a private consultation and complete review of your case.
I agree with the answers of the 3 attorneys that responded to the call of your question, but I would like to point out that there is a very narrow exception to that rule. If you ever departed with an Advance Parole issued in conjunction with your DACA, you could file for adjustment of status as an arriving alien. If you never left the U.S. on your DACA AP, then you would need to leave the US in order to return as an immigrant.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only and are not meant to create an attorney-client relationship. If you found that my response merits "BEST ANSWER" and/or "HELPFUL" check, please, acknowledge as such.
Your spouse can file the FORM I-130 with USCIS on your behalf and you will have to process the case with the NVC and ultimately with the U.S. consulate in the home country. Prior to departing the U.S. you must be in possession of an approval of the FORM I-601A that will waive the 10 year bar. This waiver of the 10 year will be required IF you received DACA after you reached the age of 18 1/2 and you have accumulated at least 180 days of "unlawful presence".
You can also assess the possibility of applying for adjustment of status with USCIS if:
1. 245i applies,
2. you entered the U.S. lawfully and your spouse becomes a U.S. citizen.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline