DACA...can adjust status??

[chely5093 0]

If someone who has DACA and married a USC can Adjust Status to apply for a GREEN Card??

[JohnR! 5,495]

Yes, it can be done, provided the person entered the US legally. By marrying a USC, any unlawful presence is forgiven.

[Merrytooth 5,748]

Need to file I-601A waiver?

[chely5093 0]

The person entered illegal to USA when was 2 years old. then apply for DACA when was stablished

[JohnR! 5,495]

If by 'illegal' you mean without inspection, then s/he won't be able to AOS stateside. DACA does not clear the slate. It's only a deferral for those who qualify.

In this case, a waiver - I-601 - might be in order, even if the beneficiary should have to leave the US for a period of time. I'm not sure this is a DIY case...

The person entered illegal to USA when was 2 years old. then apply for DACA when was stablished

[Boiler 45,663]

First he needs to use Advanced Parole. On re entry can then adjust.

[chely5093 0]

Thank you so much, now I understand that in this case he must apply for a waiver and work the whole that represents.

[Boiler 45,663]

Thank you so much, now I understand that in this case he must apply for a waiver and work the whole that represents.

He does not need to go the waiver route, his call.

[chely5093 0]

So Boiler, the procedure is and advance parole? Then re entry? I thought and Advance Parole was allow in case of emergency. So is possible to get an Advance Parole for DACA? What would be a good proof to get the Parole?

Thank you....

[Boiler 45,663]

Seems a bit of a formality, sick relative?

[KayDeeCee 4,893]

Consult with an immigration attorney or two to ask advice on waiver vs. AP to cure unlawful entry problem for AOS.

As things are currently for this situation, the waiver would be needed, so moving to that forum.

~ Moved from AOS from Family Based Visas to Waivers and Administrative Processes ~

[Boiler 45,663]

Why would you choose a waiver when AP is available?

[KayDeeCee 4,893]

To not lie and have a misrep? DACA cases must have and specify a specific reason/need for AP. They cannot get AP without a reason like an AOS applicant can.

http://www.uscis.gov/i-131

You must submit Form I-131 with specific documentation depending on the agency that deferred action in your case. If USCIS deferred action in your case, submit a copy of your Form I-797, Notice of Action. If U.S. Immigration and Customs Enforcement (ICE) deferred action in your case, submit a copy of the ICE order, notice, or letter. USCIS will only grant advance parole if your travel abroad will be for educational, employment, or humanitarian purposes. You must indicate the purpose on the Form I-131 as described below:

• Educational purposes, such as semester abroad programs or academic research;
• Employment purposes, such as overseas assignments, interviews, conferences, training, or meetings with clients; or
• Humanitarian purposes, such as travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.

Travel for vacation is not a valid purpose.

[Boiler 45,663]

You need a reason true, but yet to come across anybody having difficulty coming up with one.

[chely5093 0]

I understand that apply to Advance Parole must prrof valid purposes, but If the applicant doesnt have enough evidence to satisfy the requirements to USCIS, could be denied, so a waiver would be an option?? (I-691A), Can be factible??