Wanting to do spousal petition, but under very difficult circumstances

[newacct 688]

"Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. For purposes of future inadmissibility based upon unlawful presence, an individual whose case has been deferred is not considered to be unlawfully present during the period in which deferred action is in effect. An individual who has received deferred action is authorized by DHS to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect. However, deferred action does not confer lawful status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence.

Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time, at the agency’s discretion."

He's not in removal proceedings, nor does he need to travel anytime soon. I really don't think DACA is necessary here. His unlawful presence will automatically be forgiven due to him marrying a USC, correct?

There is actually no "forgiving"; rather, it's simply that Immediate Relatives don't need to be in status in order to qualify for Adjustment of Status. However, he does not qualify for Adjustment of Status because he did not enter legally. That's the big problem here. A DACA AP is a way to get a legal entry, allowing him to do Adjustment of Status.

[Shauna&Wael 211]

There is actually no "forgiving"; rather, it's simply that Immediate Relatives don't need to be in status in order to qualify for Adjustment of Status. However, he does not qualify for Adjustment of Status because he did not enter legally. That's the big problem here. A DACA AP is a way to get a legal entry, allowing him to do Adjustment of Status.

Getting daca approved wouldn't guarantee advanced parole, it would only make it a possibility. And i can't find any source to support your claim that he's not eligible for aos

[newacct 688]

And i can't find any source to support your claim that he's not eligible for aos

Adjustment of Status, other than the 245(i) and VAWA exceptions, requires entry with inspection -- the person must either have been admitted or paroled.

INA 245(a)

(a) The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if ...

[southcoast 27]

Newacct is right on the mark here. Someone countered by saying that AP is discretionary and that is true, But so is a 601A, and in order to qualify for it one must establish extreme hardship. This is difficult to do with a brand new marriage with no kids. Get the Daca, apply for AP, establish a lawful entry and then adjust him with out a waiver.

[deleted this acco 44]

don't forget any brushes with the law

[Shauna&Wael 211]

Adjustment of Status, other than the 245(i) and VAWA exceptions, requires entry with inspection -- the person must either have been admitted or paroled.

INA 245(a)

Thank you for clearing that up. I had thought I'd seen cases on here where that wasn't true, but I must have been mistaken.

[Ryan H 3,790]

~~Hijack post and reply to said post removed. Please start your own thread with your own questions.~~