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I have been approved on the DACA act and would like to finish my permanent residency steps here in the US instead of Mexico.
Anonymous7 views5 answers
My wife applied for form I-130 for me back in May of 2011. We were told I would most likely have to leave the US to give my pardon. We paid for the forms and i did my biometrics. This took several months, but we were almost done. The next step was to give NVC money for the rest of the application and await to hear when my interview would be(Summer of 2012). We stopped the process when Obama passed the DACA form. I applied for the DACA form and was approved. I now have a social and wanted to see if i could continue the permanent residency form i had but this time file inside the US and not have to leave the US. My wife received an email from the NVC and they informed her of a new application I-601. Would this work for me? Or would we need to apply for I-824 to adjust status in the US?
The new provisional waiver for unlawful presence program may be a great fit for you. As you were planning on departing the U.S. and attempting to return with a waiver, then simply availing yourself of the new process of filing the waiver here will allow you and your wife to remain together while its processed. There are some drawbacks to this process as if it is denied, there is no appeal and the case can be referred to ICE for removal proceedings. As well, the unlawful presence is the only ground of inadmissibility waived. You may want to seek counsel to ensure eligibility and possibly represent you throughout the process.
You did not state the reason(s) why you would need to depart the USA in order to apply for permanent resident status. If the only reason is that you entered the United States without permission, then it appears that you would probably be eligible for the new provisional waiver program. Depending on the specific facts of your case (again, we need some more information), you probably will need to leave the United States in order to apply for permanent resident status. I strongly suggest that you consult with an immigration attorney about your case.
Robert Louis BrownImmigration AttorneyCleveland, OH ·
If you were admitted with a visa you may receive resident status in the US in most instances. There is an opportunity to apply for a provisional waiver that may shorten the amount of time you need to spend out side the US OR you may consider waiting to see if there is a favorable change in the law. The provisional unlawful presence waiver may be for you if you are/were:
1. unlawfully physically present in the United States;
2. are at least 17 years of age at the time of filing;
3. are an eligible beneficiary for an immediate relative immigrant visa petition (spouse parent or child of a US citizen);
4. your US citizen immediate relative will suffer extreme hardship if you are not granted resident status; and,
5. meet other requirements of the provisional unlawful presence waiver.
DACA is not a pathway to a Green Card or Citizenship, it is a derferrment (DACA stands for Deferred Action of Childhood Arrivals). In other words, the government agrees not to deport you for the period of time the deferrment is valid. Whether or not the I-601 would work for you will be determined by certain factors but an I-130 can be a very good, very important part of the process. I would recommend you contact an attorney as an attorney would be better able to help you determine what your best options are and how to go about them.
