DACA renewal with Spouse petition.

Anonymous Oct 28, 2020 2 views 4 answers

I am a US citizen, and my husband is on DACA. We got married in July 2020, and I have already filed the I 130 for him, and we are about to send the I 485, along with the I 765, which is one of the forms that he would’ve had to file for his DACA renewal, which expires in January 2021. Our concern is - should we renew his DACA case to be safe, and also continue my petition? Or should I send in the I 485 and I 765 for my petition, and not renew his DACA application, since he would be authorized to work on a green card, or should receive work authorization through the I 765 anyway? We don’t want him to be in a situation where he can no longer work, or is out of status in the country, since we don’t know the processing time for a spouse petition for a green card right now. We would appreciate any help or advice. Thank you.

Attorney Answers

Donald Smith

Donald Smith · Jun 15, 2026

It is good to renew DACA EAD and file an AOS EAD. DACA had to be lawfully admitted to file an I-485 and related forms and fees.

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Lori Pinjuh

Lori Pinjuh · Jun 15, 2026

I agree with colleagues that he should renew his DACA no matter what. However, I caution you to consult an immigration attorney prior to spending all the money on I485 and waiting many months to possible years when your spouse may not be eligible for adjustment of status in the US. (Most DACA individuals are not, while some are.)

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Carl Michael ShustermanImmigration AttorneyLos Angeles, CA

Carl Michael ShustermanImmigration AttorneyLos Angeles, CA · Jun 15, 2026

It would be a good idea to also have him renew his DACA status.

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Stephen Berman

Stephen Berman · Jun 15, 2026

Assuming he is eligible to adjust, yes, you should also renew the DACA.

0 upvotes