I applied for DACA back in 2012 when it first launched. Since then I have renewed it once, september 2014, and will be expiring september 2016. I want to marry my girlfriend whom I have kids with sometime this year. I want to know what is the process of me obtaining my residency through our marriage and will I have to leave the country as well. I dont think I am cable of leaving the country for an uncertain period because I am the Operations Manager for a company so is there any way that I am able to stay here while my application is being processed? Need more details on my whole process.
As the spouse of a US Citizen you would be eligible for permanent residency, the fact that you are currently on DACA doesn't change that. The only consideration is how you entered the country: if you came through a port of entry on a valid visa then overstayed, your case will be simpler. If you crossed the border but not through a port of entry, you will have to go through the more difficult process of requesting advance parole then leaving and re-entering the US.
This has certain risks associated with it depending on the facts of your case.
I would highly recommend working with an immigration lawyer to get your status resolved.
You can adjust status based on your marriage to a U.S. citizen if you obtain a DACA/ parole document and you travel abroad and enter with parole status. You will be best served by consulting with a qualified and experienced immigration attorney.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
Your DACA will have little effect. If you came to the USA with a valid visa and they overstayed, you will be able to adjust. If not, talk to an immigration attorney about the options.
You may be able to adjust your status through a US citizen wife with the use of DACA + Advanced Parole, however, if the proper procedures are not followed precisely and your immigration history involves certain factors, you could risk not being able to return to the US. If this is something that is important to you, consider hiring an attorney.
All of my colleagues are correct because there are a number of possible scenarios based on facts that you did not provide. I suggest you consult with an experienced immigration attorney who will ask you the correct questions in order to give you advise specific to your case.
When did you first enter the U.S., and how? Did you have any difficulties in entering? After that initial entry, did you ever leave the U.S.? If so, when, and how and when did you return? Has anyone ever filed immigration paperwork for you in the past? For your parents? Has your future wife served in the military or reserves?
I agree with attorney Vega. This case may help explain the process:
http://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3748%20(final).pdf
Best of luck.
