DACA - Getting married and getting US Citizenship

[Joe Kano 327]

3 hours ago, kcoyclay1 said:

If he’s illegal as in not having legal documents such as a visa to enter US thorough border inspection he will be denied. 

So if he gets DACA then he could get greencard/citizenship?

[HRQX 4,145]

3 hours ago, Joe Kano said:

So if he gets DACA then he could get greencard/citizenship?

No. DACA is not a pathway under the current laws. Thus why the President's bill proposal includes a pathway for DACA recipients: https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/20/fact-sheet-president-biden-sends-immigration-bill-to-congress-as-part-of-his-commitment-to-modernize-our-immigration-system/ But that proposal has a long way to go before being passed and enacted as a law.

[arken 4,197]

4 hours ago, Joe Kano said:

So if he gets DACA then he could get greencard/citizenship?

Which DACA is he? 
1. If he was brought to the US legally but fell out of status, he can get GC/citizenship thru marriage.

2. If he was brought to the US illegally without inspection, he can't get GC/citizenship.

[Joe Kano 327]

11 hours ago, arken said:

Which DACA is he? 
1. If he was brought to the US legally but fell out of status, he can get GC/citizenship thru marriage.

2. If he was brought to the US illegally without inspection, he can't get GC/citizenship.

His parents smuggled him and 5 other siblings into the USA 17 years ago from Mexico

 

 

[nastra30 1,983]

Stop talking about US citizenship for now. He can't go straight from DACA to US citizenship; he has to become LPR first before you can start talking about citizenship. 

 

Right now he won't be able to adjust to green card (LPR) since he was never admitted or paroled into the US. He'll have to do consular processing even if married to US citizen.

Edited October 1, 2021 by nastra30

[Joe Kano 327]

4 minutes ago, nastra30 said:

Stop talking about US citizenship for now. He can't go straight from DACA to US citizenship; he has to become LPR first before you can start talking about citizenship. 

 

Right now he won't be able to adjust to green card (LPR) since he was never admitted or paroled into the US. He'll have to do consular processing even if married to US citizen.

I would be happy if he could just get DACA so he can get a Driver License

[nastra30 1,983]

1 minute ago, Joe Kano said:

I would be happy if he could just get DACA so he can get a Driver License

What state is he residing in?

Some states are now giving driver's licenses to anyone regardless of immigration status. NJ recently joined such states. 

[nastra30 1,983]

7 minutes ago, Joe Kano said:

I would be happy if he could just get DACA so he can get a Driver License

Why didn't he apply for DACA already? 

[Joe Kano 327]

4 minutes ago, nastra30 said:

Why didn't he apply for DACA already? 

He was too young to apply back when it was available, now they opened it back up in like January of this year and he applied but that has been suspended as of now.

[HRQX 4,145]

4 hours ago, Joe Kano said:

but that has been suspended as of now.

Just a note that USCIS recently is trying to re-implement DACA the proper way: https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/uscis-proposes-redo-daca-program.aspx

The long-beleaguered Deferred Action for Childhood Arrivals program (DACA)—originally created by a policy memo in 2012—will be re-established through regulation, U.S. Citizenship and Immigration Services (USCIS) announced.

 

USCIS issued the proposed rule Sept. 28 and is allowing for a 60-day public comment period.

 

DACA protects over 600,000 young immigrants, known as Dreamers, from deportation and provides them work authorization. The program has been embroiled in a yearslong battle over its legality and is currently in limbo after a federal judge in Texas found it to be unlawful in July.

 

The proposed rule aims to address the judge's concerns, but mainly would codify the existing DACA policy. The program would carry the same eligibility criteria, including the stipulation that individuals must have arrived in the U.S. before their 16th birthday; been born on or after June 16, 1981; have continuously resided in the U.S. since June 15, 2007; are currently in school or have graduated or honorably served in the military; have not been convicted of a felony; and do not pose a threat to national security or public safety.

 

The program would continue to grant two years of deportation protection and a two-year work permit for a $495 fee. And recipients could leave the country under a program known as advance parole, which gives them permission to return.

...

The proposed rule also attempts to address some of the concerns raised by U.S. District Judge Andrew Hanen, of the Southern District of Texas. DACA applicants could decide to pay a lower fee of $85 to only receive deportation protection without an accompanying work permit, which has been one of the more controversial aspects of the program.

 

"The regulation makes work authorization no longer a 'part of' DACA—but still available," Reichlin-Melnick said. "The regulation would sever deferred action from automatic employment authorization, allowing applicants to apply for just DACA if they wanted, without the work permit. USCIS is basically recognizing that the work permit portion of DACA could potentially be struck down, and saying that they think if that happens, they may still be able to protect people with DACA from being arrested and deported."

 

The proposed rule would not change the validity of anyone's current DACA work authorization.

[HurtRN 50]

On 8/14/2021 at 8:35 AM, Joe Kano said:

He not gonna to join the US Military, he has a career already, so that's out.

 

So to cut to the chase if he gets married in the USA he can then only get a Citizenship with marriage, so it seems. Greencard is out the question since his house is in Texas.

Also, if he marries someone who is in the US Armed forces.  That is what my friend did.  He met someone and they married...his husband is in the Air Force.  First he had to file to adjust status due to it being a hardship to leave and still be with the spouse.  That took about 2 weeks to get approved....then began the normal process of applying for a green card...I-130 etc. but, was able to stay in the USA while it all took place.  He had his interview this week and it is approved upon receipt of Medical exam. 

[arken 4,197]

6 hours ago, Joe Kano said:

His parents smuggled him and 5 other siblings into the USA 17 years ago from Mexico

 

 

In that case, no Green card or citizenship while in the US.

[HRQX 4,145]

26 minutes ago, HurtRN said:

due to it being a hardship to leave and still be with the spouse.  That took about 2 weeks to get approved....

Sounds like Parole in Place: https://www.uscis.gov/military/discretionary-options-for-military-members-enlistees-and-their-families

Parole in Place

We may grant parole in place on a case-by-case basis for urgent humanitarian reasons or significant public benefit under section 212(d)(5)(A) of the INA. You may be eligible for parole in place in one-year increments if you are the spouse, widow(er), parent, son or daughter of an:

• Active-duty member of the U.S. armed forces;
• Individual in the Selected Reserve of the Ready Reserve; or
• Individual who (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.

If you entered the U.S. lawfully but overstayed your visa (or are otherwise in the U.S. past your period of authorized stay), you are not eligible for parole in place because you are not an applicant for admission. However, you may qualify for deferred action. See the Deferred Action section below for more information.

 

To request parole in place, you must submit the following to the USCIS office with jurisdiction over your place of residence (military families on assignment in an area different from their permanent place of residence may submit their request to the office with jurisdiction over either location):

• Completed Form I-131, Application for Travel Document (without fee). You must handwrite “Military PIP” in Part 2 instead of checking a box;
• Evidence of the family relationship, such as:
  • Marriage certificate
  • Documentation of termination of previous marriage
  • Son or daughter’s birth certificate
  • Military member’s birth certificate with parent’s name
  • Proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS);
• Evidence that your family member is a current or former member of the U.S. armed forces, such as a photocopy of the front and back of the service member’s military identification card or DD Form 214;
• Two identical, color passport-style photographs; and
• Evidence of any additional favorable discretionary factors that you would like us to consider.

For information about parole in place and how to apply, see the Adjudicator’s Field Manual Chapter 21.1(c)(1) (PDF, 2.82 MB).

 

Also see: http://myattorneyusa.com/parole-in-place-for-families-of-military-service-members-and-veterans "In effect, parole in place cures inadmissibility for EWI."

Edited October 1, 2021 by HRQX

[HurtRN 50]

19 minutes ago, HRQX said:

Sounds like Parole in Place: https://www.uscis.gov/military/discretionary-options-for-military-members-enlistees-and-their-families

Parole in Place

We may grant parole in place on a case-by-case basis for urgent humanitarian reasons or significant public benefit under section 212(d)(5)(A) of the INA. You may be eligible for parole in place in one-year increments if you are the spouse, widow(er), parent, son or daughter of an:

• Active-duty member of the U.S. armed forces;
• Individual in the Selected Reserve of the Ready Reserve; or
• Individual who (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.

If you entered the U.S. lawfully but overstayed your visa (or are otherwise in the U.S. past your period of authorized stay), you are not eligible for parole in place because you are not an applicant for admission. However, you may qualify for deferred action. See the Deferred Action section below for more information.

 

To request parole in place, you must submit the following to the USCIS office with jurisdiction over your place of residence (military families on assignment in an area different from their permanent place of residence may submit their request to the office with jurisdiction over either location):

• Completed Form I-131, Application for Travel Document (without fee). You must handwrite “Military PIP” in Part 2 instead of checking a box;
• Evidence of the family relationship, such as:
  • Marriage certificate
  • Documentation of termination of previous marriage
  • Son or daughter’s birth certificate
  • Military member’s birth certificate with parent’s name
  • Proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS);
• Evidence that your family member is a current or former member of the U.S. armed forces, such as a photocopy of the front and back of the service member’s military identification card or DD Form 214;
• Two identical, color passport-style photographs; and
• Evidence of any additional favorable discretionary factors that you would like us to consider.

For information about parole in place and how to apply, see the Adjudicator’s Field Manual Chapter 21.1(c)(1) (PDF, 2.82 MB).

 

Also see: http://myattorneyusa.com/parole-in-place-for-families-of-military-service-members-and-veterans "In effect, parole in place cures inadmissibility for EWI."

Yes, that is exactly what it was. 

[Joe Kano 327]

3 hours ago, arken said:

In that case, no Green card or citizenship while in the US.

For some reason the whole family is under the assumption if one of the kids marry a US Citizen they can get citizenship.