Applying for Citizenship

[Transborderwife 4,666]

1 minute ago, hairo2006 said:

I'm not sure on what grounds, I know shes been in the states since the age of 2 years old and we renew her work permit almost every year

DACA?

[hairo2006 1]

On 1/11/2017 at 10:58 AM, Chardon Ne' said:

I actually know someone who has been here on a work permit for 30+ years. I agree that she will still have to go through AOS process prior to applying for citizenship. Maybe OP just means legal status? 

You lost me with the AOS and OP process.

Can you please emphasize. Please excuse my ignorance I didnt have to go through this process for myself

[hairo2006 1]

1 minute ago, Transborderwife said:

DACA?

Yes, I believe that's it.

I heard the attorney mention that one time when we renewed her work permit. 

[Mollie09 1,543]

7 minutes ago, hairo2006 said:

Yes, I believe that's it.

I heard the attorney mention that one time when we renewed her work permit. 

There's no path to citizenship for DACA holders.

[hairo2006 1]

1 minute ago, F1H1I130 said:

There's no path to citizenship for DACA holders.

Really? Ok, that's not good....

[Mollie09 1,543]

1 minute ago, hairo2006 said:

Really? Ok, that's not good....

You said she's your wife, are you a US citizen?

[Transborderwife 4,666]

10 minutes ago, F1H1I130 said:

You said she's your wife, are you a US citizen?

Even with DACA she'd have to leave the country 

[Mollie09 1,543]

2 minutes ago, Transborderwife said:

Even with DACA she'd have to leave the country 

True, but if OP came here thinking she could get her citizenship to sponsor him for LPR, he should know that ain't gonna happen.

[hairo2006 1]

23 minutes ago, F1H1I130 said:

You said she's your wife, are you a US citizen?

Yes I am

[Hypnos 6,576]

In what status/manner did your wife originally enter the US? Was this her most recent entry?

[Chardon Ne' 71]

On 1/10/2017 at 1:09 PM, hairo2006 said:

My wife cant find her proof of her i-94 from when she entered the country as a child with her parents.

And unfortunately her parents can't even find her passport from 24 years ago.

We've been married going on 2 years.

How can we go about getting her citizenship?"

Her path to citizenship is no different than anyone else who is Out of status in the US It wll require first an adjustment of status to become an LPR. Good thing is at least she already has permission to work so there will not be much of a hardship while she is waiting.... I found this Best of luck. 

Deferred Action for Childhood Arrival (DACA) recipients generally do not have a path to permanent resident status (green card). However, some DACA recipients can obtain a green card if they meet specific criteria. The Immigrant Legal Resource Center recently released an advisory that explains the technical requirements necessary to navigate this path to a DACA green card.

DACA is not a legal immigration status. It’s an exercise of discretion by the U.S. Department of Homeland Security (DHS) that grants temporary legal presence and employment authorization in the United States. Because many DACA recipients entered the country unlawfully, it can be very difficult to obtain legal status. The unlawful entry makes them ineligible for a DACA green card.

In normal family-based immigration situations, a relative can petition another family member for a green card. If that family member is already in the United States, he or she can often “adjust status” to that of a permanent resident (green card holder). You can learn more in Family Based Green Card Application. But again, this is much more difficult for many DACA recipients because of the unlawful entry.

Requirements for Adjustment of Status

An immigrant that is already in the United States that wants to obtain a green card follows a process known as “adjustment of status.” DHS may adjust a person’s status to permanent residence if he or she meets the requirements of immigration law. INA §245(a) requires that he or she:

• Has been admitted or paroled into the United States; and
• Applies for adjustment of status; and
• Be eligible to receive an immigrant visa and be admissible to the United States for permanent residence; and
• Files the adjustment application only once an immigrant visa is available.

There are many different requirements to be eligible for the adjustment of status process. Unfortunately, many undocumented immigrants originally entered the U.S. without inspection, and therefore did not lawfully enter the country. They are not eligible because of the unlawful entry. (Note: Undocumented immigrants that entered the country with a legal visa that is now expired do not have this inadmissibility problem.)

Eligibility for DACA Green Card

Not all deferred action recipients have a path to a DACA green card. This particular method applies to DACA recipients that:

 

• Initially entered the United States without inspection and
• Have a U.S. citizen immediate relative (spouse or child over 21 years of age)
• Re-entered the U.S. with advance parole

In the case of immediate relatives, there is an unlimited number of immigrant visas available. This means that the there is a short wait to get a green card. Learn more about the steps to immigrate a family member in Overview of the U.S. Immigrant Visa Process.