My husband went into deportation proceedings last year in March. We got married right after that and I submitted i130. We had out interview a few months after and was approved. We also applied for his Daca which he just received this month (yay). I am a resident, but I have my oath at the end of the month to become a US Citizen. My understanding is as soon as I have my certificate we can do his adjustment right? I was told we need to wait for his Daca to expired ( 2 years) before we can do adjustment. That makes no sense to me and want a second opinion.
I have never seen any requirement relating to waiting until deferred action has expired in order to proceed.
But there are still hurdles in front of you. First off, it is important to be able to prove that your husband entered with inspection. If he entered without inspection, then he would not be eligible for a simple adjustment of status. He would need a waiver (I601 or I-601A). This is quite complex.
Of course, the other hurdle is that you actually have to become a citizen, but it sounds like that is just about completed.
Is it possible that there was a misunderstanding?
No you do not have to wait for his DACA to expire. HOWEVER, if he did not enter the country using a visa, he is probably NOT eligible to adjust status, and filing for an adjustment of status could place him in increased risk of removal, particularly if his DACA has already expired. I hope you have a very good immigration attorney to help you figure out whether you need a waiver, and help you to file one. If not, look for another attorney. We have filed a number of waiver cases for DACA applicants, so definitely you do not need to wait.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
No, you don't need to wait for anything, as the next two years will not change Anyting - he'll need to apply for a waiver all ten same and ultimately consular process abroad.
No you don't have to wait for that to happen. However, I am not sure whether you are able to adjust status. Consult an immigration attorney to review your spouse's immigration history.
