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DACA applicant to marry a US Citizen.. What would be the next step to adjust the legal status?
Anonymous7 views4 answers
My boyfriend has a work permit through the DACA process and his renewal date is at the beginning of next year (Feb 2015). I am a Naturalized US Citizen and we are thinking about getting married. His parent's brought him here without any visa. Once we get married what are the chances of him getting his status adjusted to a citizen since he never came to country legally? We both have professional jobs in the IT industry and he pays his taxes and received his BA from UT. I have heard of many people adjusting their visa but since he never got one what would be the next step? Thanks for all your help in advance!
Without a lawful entry to the US he cannot adjust his status. He must consular process for an immigrant visa, and depending on how long he has been here and how old he is, he may need a waiver of unlawful presence. He should definitely consult with a qualified immigration attorney to see if he is grandfathered under 245(i) as well as to determine if there are any other reasons why he may not be eligible for LPR status in the US. Good luck to you both.
Unless he entered with a visa or was paroled in, he cannot adjust status under 245(a). In some jurisdictions, he might be able to adjust if he were to get advance parole through his DACA, leave, and re-enter with the parole- however, the Dallas Field Office is currently holding most of those cases pending further guidance from headquarters, last I heard. He might be eligible under 245(i) if someone petitioned him or one of his parents before May 1, 2001. Otherwise, you can look at consular processing with a Provisional Waiver once you are married. Best of luck.
