Getting married to a US citizen. Will having DACA make the process be more easy or will I still move back to Mexico to wait?

Immigration 7 views 4 answers
I'm getting married June 10 and my fiancee and I want to know if having DACA will help speed up the processes.

Attorney Answers

4
Michael Carlin ·
When you mention the "process," are you referring to applying for permanent resident (green card) status? DACA will not have any effect on the timing. Depending on the details of your situation, you might be eligible to apply for an I-601A Provisional Waiver, while you are in the US. If approved, then your time in Mexico should be quite short, usually a matter of a few weeks. I suggest that you consult with an immigration attorney about your situation. Best wishes.
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Alfonso Caprara ·
I agree with my colleague. If you did not enter the USA legally, then you will have to consular process your immigrant visa Application at the US Consulate with jurisdiction over wherever you came from. Getting the waiver might be the hardest part if you cannot show extreme and unusual hardship that your wife might suffer.
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Pedro A. MirandaImmigration AttorneyHollywood, FL ·
Having DACA should have no effect on the process to get a green card through your citizen spouse, except that it does give you the opportunity to apply for Advance Parole and, once having used it, you would be eligible to adjust status for your green card instead of consular processing, which you would have to do if you entered the US illegally. If you entered the us illegally without admission or parole, you can still get your green card at a US consulate but, before leaving the US, you should apply for an unlawful presence waiver, I-601A, and wait for it to be approved. Under no circumstance should you leave the US without it. This will waive the 3 or 10 year bars that you would be subject to if you have been in the US in unlawful status for more than 6 months and will allow you to travel to get your green card and then return to the US despite your unlawful presence.
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Jonathan Shaklee ·
Whether you are eligible to get papers in the U.S. depends on how you entered the country and other factors. However, even if you don't already qualify to apply for them here, in some cases individuals with DACA can obtain temporary authorization to travel abroad called Advance Parole. If you qualify, you may be eligible to travel abroad for a short period and then return to the United States as a "parolee." If so, you would then qualify to seek to adjust status and apply for your Conditional Permanent Residence in the United States. Being eligible to travel on Advance Parole is never guaranteed and may not truly be the best option for your case. I strongly recommend you discuss Parole, Adjustment of Status, Provisional Waivers, consular processing, and other possible options with a qualified immigration attorney before you take any action. Best of Luck!
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