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Rem79

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    PLEASE HELP! DACA with prior deportation

    in Deferred Action for Childhood Arrivals (DACA)

    Posted · Edited by Rem79

    The information on this site suggests that he can apply for an AOS, if he first applies to obtain a lawful entry by using "advance parole" as a DACA recipient or he obtains a waiver, in which case an immigration attorney is necessary.  

     

    https://citizenpath.com/after-i-130-is-approved-whats-next/

     

    Immediate Relative Inside the United States

    Generally, as an Immediate Relative who is inside the United States, you have the option of “adjusting status” to a permanent resident. (Although it is possible for Family Preference immigrants to adjust status, it is less common due to the wait times associated with the categories.)

    Adjustment of Status

    An individual that wants to change his or her non-immigrant status to immigrant or permanent resident status (green card holder) uses a process called Adjustment of status (AOS). Form I-485, Application to Register Permanent Residence or Adjust Status, is the primary form used in an adjustment of status (AOS) application. 

    Although additional factors will be considered before approval an AOS application, the three fundamental requirements to adjust status require that you must:

    • Be physically present in the United States.
    • Have an approved alien petition. 
    • Have a lawful entry to the United States.

    what happens after i-130 is approvedLawful entry means that the individual was admitted or paroled into the United States. For most people, this generally means that you entered the United States with valid documentation and made face to face contact with a U.S. immigration officer and that officer acknowledged your entry to the United States. If you entered with a valid visa, but that visa has since expired, you still had a lawful entry. DACA recipients that initially entered the U.S. without inspection with their parents can obtain a lawful entry by using advance parole. For other individuals that have an unlawful entry but otherwise meet the requirements to adjust status, a waiver may be available. For waiver cases, the guidance of an immigration attorney is highly recommended.

    PLEASE HELP! DACA with prior deportation

    in Deferred Action for Childhood Arrivals (DACA)

    Posted

    I have no idea why anything was done.  I'm assuming the I-130 was filed at the suggestion of their lawyer....

     

    DACA has gone away, however for the people who have protections under it, the Congress is "supposed" to be making some decisions around it. 

     

    It's bona fide in terms of things like shared accounts, a mortgage, children, etc.  The kind of stuff that is ICE (or whomever) looks for to legitimize it.  I believe she probably loved him at one point, but no longer.  It's a matter of necessity at this point, IMO.

    PLEASE HELP! DACA with prior deportation

    in Deferred Action for Childhood Arrivals (DACA)

    Posted

    Ok going to attempt to reply to all relevant comments above... bear with me.  I'm unaware of the meaning of some acronyms used here too.  Like "EO".  (Very new to this site.)

     

    • Moving to Mexico is an option, but we are looking to avoid it so he doesn't have to leave his children.  
    • He has never lied on any of his paperwork or applications, so I don't think misrepresentation is going to be an issue. 
    • Based on the bullet points "Boiler" posted above, he does qualify for DACA. 
    • He is not considering attempting to obtain a U Visa... was just given as info.

    So now..... since his I-130 was accepted with his wife as the sponsor, is there anything they should be doing, or applying for, to move things along a little faster?    

    PLEASE HELP! DACA with prior deportation

    in Deferred Action for Childhood Arrivals (DACA)

    Posted

    I'm going to type the whole story so all information is here... it may be long but I appreciate the help more than you know!

     

    My boyfriend of over 2 years is trying to obtain his residence and I am looking to help him/maybe be his (new) sponsor.  Here is his story...

     

    When he was approximately 9 years old he first came to the US with his family and lived (and went to school, 4th grade) here for about a year (around 1990).  They returned to Mexico after that year and he came back to the US with his father and uncle and other adult men when he was 17 years old (1998).  They were caught in Oklahoma (on his 17th birthday) and he was in jail for about 2 months before seeing a judge (1999).  When he had his hearing, the judge was present via speaker phone.  He was deported and said he remembers signing something saying he wouldn't return for 10 years; this was his one "forgiveness".  He came back to the US about 3-4 months later (still 1999) and has been here ever since.  In 2007 married a US citizen, and they had a baby; they had their second child in 2012.  She applied for the I-130 on his behalf twice and was denied both times because of the deportation.  He applied for DACA at the advice of his lawyer and was approved (almost/about a year ago).  She then reapplied for the I-130 and it was finally accepted (roughly 8 months ago, maybe less).  He has a US SSN, driver's license, and a 2 year work permit.  He also meets with ICE annually or every 2 years.  

     

    They have a lawyer that they've been working with for the last few years but he's discouraged with the lack of progress.  He has sought the advice of two other attorneys and has basically been told that his case is very complicated and he should wait and see what Congress decides about DACA.  The last one told him that a U Visa would be the only thing that "forgives" the deportation.  He was also told to keep his I-130 with him and be sure to continue to renew it (I think in case of amnesty).

     

    Here's where the questions lie:  we want to be together and are trying to find out if he can continue the process with me.  The only reason they ever got married was because she got pregnant.  They were never in love, but now he's feeling trapped in a situation he doesn't want to be in, though he loves his children more than anything in the world.  What can we do?

    (Please no hateful stuff here.... we're very much in love and we are both good people who have found themselves in a difficult situation.)

     
     

    HELP! In desperate need of guidance.

    in What Visa Do I Need - Family Based Immigration

    Posted

    Looking for help for a very complicated situation.  I'm going to type the whole story so all information is here... it may be long but I appreciate the help more than you know!

     

    My boyfriend of over 2 years is trying to obtain his residence and I am looking to help him/maybe be his (new) sponsor.  Here is his story...

     

    When he was approximately 9 years old he first came to the US with his family and lived (and went to school, 4th grade) here for about a year (around 1990).  They returned to Mexico after that year and he came back to the US with his father and uncle and other adult men when he was 17 years old (1998).  They were caught in Oklahoma (on his 17th birthday) and he was in jail for about 2 months before seeing a judge (1999).  When he had his hearing, the judge was present via speaker phone.  He was deported and said he remembers signing something saying he wouldn't return for 10 years; this was his one "forgiveness".  He came back to the US about 3-4 months later (still 1999) and has been here ever since.  In 2007 married a US citizen, and they had a baby; they had their second child in 2012.  She applied for the I-130 on his behalf twice and was denied both times because of the deportation.  He applied for DACA at the advice of his lawyer and was approved (almost/about a year ago).  She then reapplied for the I-130 and it was finally accepted (roughly 8 months ago, maybe less).  He has a US SSN, driver's license, and a 2 year work permit.  He also meets with ICE annually or every 2 years.  

     

    They have a lawyer that they've been working with for the last few years but he's discouraged with the lack of progress.  He has sought the advice of two other attorneys and has basically been told that his case is very complicated and he should wait and see what Congress decides about DACA.  The last one told him that a U Visa would be the only thing that "forgives" the deportation.  He was also told to keep his I-130 with him and be sure to continue to renew it (I think in case of amnesty).

     

    Here's where the questions lie:  we want to be together and are trying to find out if he can continue the process with me.  The only reason they ever got married was because she got pregnant.  They were never in love, but now he's feeling trapped in a situation he doesn't want to be in, though he loves his children more than anything in the world.  What can we do?

    (Please no hateful stuff here.... we're very much in love and we are both good people who have found themselves in a difficult situation.)

    PLEASE HELP! DACA with prior deportation

    in Deferred Action for Childhood Arrivals (DACA)

    Posted

    My friend is a DACA recipient.  He's 36 y/o living in the US.  He's been here (permanently, but not legally) since he was 17 y/o.  He was deported, at the age of 17, after being caught and jailed in OK for a few months.  He had a "hearing" with a judge (who was on speaker phone) and received his one forgiveness before being deported.  At that same time, he signed something saying that he wouldn't return to the US.  He returned a few months later (early 1999) and has been living here ever since.  He got married in 2007 to a US citizen and has 2 children (11 & 5).

     

    He applied for DACA and was accepted because he first came here with his family when he was 9 y/o and he was in school for about a year before returning to Mexico.  He also recently had his I-130 accepted for the first time, on the third attempt, because he has DACA.   So my question is this... does DACA make the prior deportation "go away"?  He's constantly being told by immigration attorneys that his case is "very difficult" and he should "just wait to see what congress decides about DACA".  What should happen next in order to move forward?

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