Is Marriage After Daca Approval A Viable Path To Citizenship?

[flatlinebeforedeath 3]

Hi, I've recently been approved with DACA and have been in a long term relationship with my girlfriend for several years. In the past, I have looked to marriage as a means to stay in the U.S. and become a citizen, unfortunately as many know, I was ineligible due to this circumstance. Anyhow, now that I have been approved with DACA and have a worker's permit, I was wondering, if I am now eligible for U.S. citizenship through marrying my girlfriend. Is this possible?

[Osha 126]

It depends on how you entered the United States.

If you enetered the United Sates without inspection (border crossing) then your out of lack, but if you enetered the U.S. with a tourist visa for example then you can change your status through marriage.

[flatlinebeforedeath 3]

yeah, that's what I figured. My mother brought me in as a child without border inspection. Well, hopefully things will work out for me and many of us here in the same situation. For now, I will continue my hunt for a job and keep my fingers crossed for the Dream Act to pass here in Florida.

[skootA 10]

if u leave the U.S u would not able to enter ... they would bar u for 10 or years more or ... thats if u enter without inspection

so if u dont wanna leave the U.S u have some file a Waiver with USCIS and that would probably would take long

i dont really know any thing about it. so u have to find that out your self

[x_deleted_x 2]

I was brought here as a child (2). I got a SSN, proof of entry. My family overstayed. I never left the US since arriving. Now with my DACA approval, can this make the status change easier? Also, do I have to leave the country? Ugh, I hope not.

[Theresa 63]

Daca cannot change or help your status. Expired visa can help you with the change of status if you marry a citizen. I'm hoping that we do get privilege in the future when immigration reform is fixed or when they decide to give us more than DACA. We will see what will actually end up happenning. At least something is cooking.

[sotero_gonzalez 54]

I got married 2 years ago to a U.S citizen. I have asked many immigration attorneys about the same thing. Most of them said that since I got married before applying for DACA that once approved my wife would be able to petition for me and I would qualify for permanent residency without leaving the country and ultimately citizenship. I don't know the amount of truth behind this but like I said most of them said it is possible, some didn't know.

[amor 112]

Sotero, that's accurate. I've been married for 2 1/2 years and we had started the process right before DACA was introduced. When we heard about it, we put everything on pause so that I could apply. I have deportation order that was put on me so I have to go in front of a judge in an immigration court and have my husband petition for me and plead his case and the hardships my deportation would bring onto him. However, before DACA, they could detain me if I set foot in any government building (which would be a few) for the ENTIRE process which could take years. Now that I'm DACA approved, they can't touch me because they can't deport me (na na na na naaaaaa na) and that makes it more likely for a judge to rule in my favor as well since deportation isn't an option anymore.

Good luck! Look into it!

[Dreamer3oh3 40]

My lawyer told me in the beginning that if I got approved for DACA that I could file for a special waiver to leave the country and come back and THEN file thru marriage. But if you go down  that road PLEASE get a good lawyer so the goverment don't try to fuck you

[Ces2792 3]

You can get a green card marrying a us citizen with DACA even if u entered without inspection....what u have to do is get married first here, then apply for advanced parole, go to ur country and when u come back u enter the country with inspection, then u apply for a green card...it works I've read in another forum that this girl left to Mexico and came with advanced parole and she is now gonna get her her green card ...I suggest u go and talk to an attorney first though.

[Rawf 336]

You can get permanent residency after getting approved for DACA, here is the tricky part...

 

1. If you entered the US legally with a visa, you may begin the process now.

2. If you entered the US illegally as in crossing the border, you have to request the help of an attorney to see if you have any options in requesting a green card without having to leave the country. If you do have to leave the country, make sure to have the re-entry on your EAD because it can take months for your visa to be approved to be able to come back to the US.

 

#2 is a long process.

 

Good luck!