We’re married, she’s a DREAMer, how does she gain citizenship without having to go back?

[EB&Flow 2]

We have been married for 8 months, she is a DACA recipient and we want to begin the process. I think I’m going to be grateful to have found this forum. Can anyone with experience in the realm help us?? I believe I file affidavit of support, and then we’re just have no idea where to go from there or if we should be sending other paperwork at the same time. If anyone has any suggestions, or could tell me how to do this inhumane process, I would be forever indebted to your kindness. 

[MXcompadre 75]

@EB&Flow start by reading this guide = 

• Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US

 

[p-ana 933]

Please read the guides. They are at the top of the page.

 

you can also search for Daca on the search bar and read others experiences 

 

good luck

[Boiler 43,619]

How did she enter?

[HRQX 4,145]

1 hour ago, EB&Flow said:

Can anyone with experience in the realm help us??

It depends; how did she enter the US? If she entered legally then it's straightforward: https://www.visajourney.com/content/i130guide2/

 

If not, then she needs an approved I-601A and do consular processing:

-------------------------------

Approved DACA does not have a path, by itself, to a green card. A green card is a prerequisite for US citizenship.

Edited June 4, 2019 by HRQX

[Ben&Zian 4,397]

It's do able, but it's a long process and more complex by having DACA, but still do able. But no where near citizenship yet.

[geowrian 22,336]

How she entered is the biggest item.

Then would be when she started getting DACA and her age at the time.

Failing those 2 items positively, the process would require a provisional waiver, assuming her lack of status was her only issue.

 

Edit: And citizenship is likely at least 4 years away. Possibly longer.

Edited June 4, 2019 by geowrian

[EB&Flow 2]

She entered illegally, was brought here when she was 2 years old in ‘98!!

[NikLR 13,220]

Then you're prolly gonna need the I-601a waiver.  

[geowrian 22,336]

4 minutes ago, EB&Flow said:

She entered illegally, was brought here when she was 2 years old in ‘98!!

How old was she when she got DACA? Did she maintain DACA the entire time through now?

[EB&Flow 2]

8 minutes ago, geowrian said:

How old was she when she got DACA? Did she maintain DACA the entire time through now?

2 years old was when she was brought here. And as long as the program has existed, she’s had it. And I think she’s lived here long enough to where she shouldn’t have to go back, I think. But everything I read turns us around. Obviously they don’t want it to be straight forward because this government has a tendency to reject and repulse diversity. And it seems like lawyers just throw us around further. Is it true that we should wait 2 years before trying? Seems crazy to me. We’ll wait as long as we must, and jump through as many hoops as they decide. But I just want to do it right the first time without having to do extra. 

[HRQX 4,145]

10 minutes ago, EB&Flow said:

Is it true that we should wait 2 years before trying?

I don't see a benefit in waiting. The game plan then would be risky:

• She would report herself to immigration authorities
• Removal proceedings would begin
• It would be advisable to seek an immigration attorney's advice. The goal would be for an Immigration Judge to to grant a Cancellation of Removal: https://www.nolo.com/legal-encyclopedia/green-card-through-cancellation-removal-non-lpr-who-qualifies.html That would result in a green card.

------------------------

IMO, she should seek the I-601A route now instead of doing the above.

Edited June 4, 2019 by HRQX

[geowrian 22,336]

47 minutes ago, EB&Flow said:

2 years old was when she was brought here. And as long as the program has existed, she’s had it. And I think she’s lived here long enough to where she shouldn’t have to go back, I think.

Gotcha.

She doesn't appear to qualify for INA 245(i) relief unless there's specific circumstances not mentioned here. None of which are specific to you being in the picture. See https://www.uscis.gov/sites/default/files/files/pressrelease/Section245ProvisionLIFEAct_032301.pdf.

 

As such, she will need to do consular processing abroad to get the visa. This means leaving the US temporarily.

That said, unlawful presence doesn't accrue until age 18. It also does not accrue while covered by DACA. So if she's had DACA since the start of age 18, then she won't have a bar for unlawful presence when she leaves the US. That's good...no need for an I-601A waiver.

But confirm the dates first! You don't want to find out later that she actually had 181+ days of unlawful presence, and have to file an I-601 waiver abroad. That takes much longer and should usually be with the assistance of an attorney to present a good hardship case.

 

Quote

But everything I read turns us around. Obviously they don’t want it to be straight forward because this government has a tendency to reject and repulse diversity. And it seems like lawyers just throw us around further.

This has absolutely nothing to do with her case.

The process is normally straightforward. It gets more complex when there are unusual factors, such as those in her circumstances. She's honestly fortunate to likely not even need a waiver.

 

Quote

Is it true that we should wait 2 years before trying? Seems crazy to me. We’ll wait as long as we must, and jump through as many hoops as they decide. But I just want to do it right the first time without having to do extra. 

Why wait 2 years...? For what?

I'm guessing to avoid ROC? I wouldn't delay anything....DACA coverage could go away then she will need a waiver (or to leave before the case is ready at the consulate). ROC is annoying but not something I would ever suggest delaying the process for. Things happen. Do what you can do now while there is a clear path.

Edited June 4, 2019 by geowrian

[Boiler 43,619]

Basically you have 2 options, you educate yourself on the process or pay a Lawyer to do it for you.

 

I can not be certain as to exactly what needs to be done, insufficient information, not sure why you think a rant helps.

[Unlockable 7,306]

6 hours ago, EB&Flow said:

2 years old was when she was brought here. And as long as the program has existed, she’s had it. And I think she’s lived here long enough to where she shouldn’t have to go back, I think.

Please do not fall into the trap of trying to fight the current policy instead of taking necessary action. So often, too many people in situations like this fight based on what the wish things should be instead of working through the current law and policies. There is plenty of time to advocate for DACA recipients and what you think needs to change for immigrants that have been here so long AFTER your spouse has gained legal permanent residency. For now,  do what you need to do in order to get her the proper status.

 

Quote

jump through as many hoops as they decide. But I just want to do it right the first time without having to do extra. 

This is good. You are showing that you are willing to do what it takes for your loved one. It may suck but the end goal is worth it. Even if your spouse may need to return to her birth country for a brief period it will only be temporarily, and she will be reunited with you a legal resident.

 

Remember this... it doesn't matter how long she has been here. This is an argument many immigrants that were deported loss. You wife may still be subject to being removed if her DACA were to end or any of the conditions under her DACA status are broken. Length of time in the US, even if the immigrant was too young during the illegal entry, does not guarantee a right to citizenship.