Husband has DACA

[Mrs. Wild 87]

13 hours ago, Sel salas said:

We have not yet started the process because we are worried are marriage might not seem "legit", due to the fact that we don't have kids. I'm attending the university and also work and my husband works full time. And yes I am a USC. He has been in the US about 19 years, he came when he was about 7, illegally. 

If you can provide substantial proof your marriage and relationship are legitimate, the length of time shouldn't be your biggest hurdle. If your husband entered illegally, he will absolutely be denied if he racked up any illegal presence time. Did he get DACA within a few months of turning 18? If he was illegally in the US for a year or more, he will most definitely get a 10 year ban. You will need to file a waiver. The I-601A waiver can be filed in the states, and is typically a faster route than waiting for a denial and pursuing the I-601 abroad.

[geowrian 22,335]

9 minutes ago, Mrs. Wild said:

DACA recipients are eligible for AOS if they came here with a visa initially. Proof of legal entry is required for AOS. The OP stated her husband entered illegally when he was 7. He would not qualify for AOS and would instead have to do consular processing with a waiver for the illegal presence.

A DACA recipient that obtained AP, left, then entered as a parolee via AP meets the inspected and admitted requirement for AOS.

https://citizenpath.com/daca-green-card-advance-parole/

Edited September 7, 2017 by geowrian

[Boiler 43,402]

1 minute ago, geowrian said:

A DACA recipient that obtained AP, left, then entered as a parolee via AP meets the inspected and admitted requirement for AOS.

https://citizenpath.com/daca-green-card-advance-parole/

Exactly.

[Mrs. Wild 87]

6 minutes ago, geowrian said:

A DACA recipient that obtained AP, left, then entered as a parolee via AP meets the inspected and admitted requirement for AOS.

https://citizenpath.com/daca-green-card-advance-parole/

OP has not stated her husband fits that description. She said he came here illegally at the age of 7, and has been here 19 years. If he has not done this AP loophole, he cannot do it now.

[Boiler 43,402]

6 minutes ago, Mrs. Wild said:

OP has not stated her husband fits that description. She said he came here illegally at the age of 7, and has been here 19 years. If he has not done this AP loophole, he cannot do it now.

It is not a loophole, designed that way.

[Mrs. Wild 87]

Just now, Boiler said:

It is not a loophole, designed that way.

AP loophole for DACA, not that AP itself is a loophole. 

[geowrian 22,335]

4 minutes ago, Mrs. Wild said:

OP has not stated her husband fits that description. She said he came here illegally at the age of 7, and has been here 19 years. If he has not done this AP loophole, he cannot do it now.

OP has not stated that he doesn't meet the conditions to qualify for this legal option either. Stating the potential option is prudent here so the OP is aware of the option.

 

Either way, the original claim of "DACA recipients are eligible for AOS if they came here with a visa initially." was incomplete. As long as they were inspected and admitted, they can qualify for AOS...not just those who came in via a visa.

[Boiler 43,402]

4 minutes ago, Mrs. Wild said:

AP loophole for DACA, not that AP itself is a loophole. 

Nope

 

It was obvious and commented about at the time DACA came in.

[Mrs. Wild 87]

Just now, geowrian said:

OP has not stated that he doesn't meet the conditions to qualify for this legal option either. Stating the potential option is prudent here so the OP is aware of the option.

 

Either way, the original claim of "DACA recipients are eligible for AOS if they came here with a visa initially." was incomplete. As long as they were inspected and admitted, they can qualify for AOS...not just those who came in via a visa.

Touché, good point. Definitely relevant to list as an option. I made the assumption the OP's case didn't fit the AP route as she mentioned the illegal entry and length of stay, but no mention of leaving (with or without AP).

[Sel salas 0]

I have spoken to a lawyer and he said since he came here illegally, he has to for sure go to Juarez for his appointment etc. is that true?

[sparkles_ 456]

10 minutes ago, Sel salas said:

I have spoken to a lawyer and he said since he came here illegally, he has to for sure go to Juarez for his appointment etc. is that true?

If he hasn't used AP before and been inspected upon entry then yes. 

[geowrian 22,335]

8 hours ago, Sel salas said:

I have spoken to a lawyer and he said since he came here illegally, he has to for sure go to Juarez for his appointment etc. is that true?

If he used AP to enter the US on his most recent entry (has a current AP document and does so), then AOS is possible. Otherwise, he must interview abroad.

 

When did he get DACA? Did it ever lapse & for how long?

If he was in the US for 180+ days after turning 18 without authorized stay, then he will have a 3/10 year bar on any visa. The best option there is to file for an I-601A provisional waiver. Once approved, he can interview abroad and the approved waiver should waive the unlawful presence bar.

If he never accumulated at least 180 days of unlawful presence then he won't have a bar.