Q: I am currently a DACA recipient my work permit will expire in July 2015. I am married to a US born citizen. I EWI.
How can I adjust my status, or be able to receive a green card if my Husband petitions for me? I am currently working as well and I can't afford to lose the job.
A:
Disclaimer: The following advice is for informational purposes only and should not be considered legal advice. No attorney-client relationship is formed through these questions and answers.
More facts are necessary to determine if you are eligible to adjust status without leaving the U.S.
Usually a person who entered without inspection must return to the home country to obtain a visa. However, there are exceptions to that rule.
A person with a visa petition filed on their behalf on or before January 14, 1998 may be eligible to adjust their status without leaving the country.
However if a petition is filed after January 14,1998 and before April 30, 2001, you may still qualify to adjust status provided you were present in the U.S. on December 21, 2000.
Another option would be to apply for a waiver. However, more facts are necessary to determine if you are eligible to apply for a waiver.
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