Asked in Immigration Law, International Law and Social Security for Texas

Q: Can a person who has been in the U.S. for 11 years become a permanent resident without being petitioned by family?

I came to the U.S. in 2005 as a 6 year old with my grandfather. I passed both checkpoints, undocumented, with approval from the officers that checked us. The officers just asked what my relationship to my grandfather was and once my grandfather answered I'm his granddaughter they let us through. A year and a half ago I was able to get approved for DACA and have been working legally under the social security number issued to me because of the DACA. My grandfather is a U.S. citizen since 2009 and a permanent resident since 1983. Recently I was told by an army recruiter that I could become a resident, without being petitioned, if I had been in the country for 6 or more years without leaving the country. This recruiter gave me this information because she said to be in the army a person has to be a permanent resident. If the 6 or more year thing is still taking place now, how can I apply for it or obtain it?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing

A: Doesn't look like you could adjust status.

However, if you are seriously interested in one of the armed services, believe you are in shape to get through boot camp,

you may want to inquire if there is a waiver procedure that would allow you to enter the armed services.

The problem is that DACA has been somewhat put on hold by the State Attorney Generals (including Texas) filing suit. Because the Republicans blocked the appointment of a new Supreme Couirt Justice the Court has not come to a majority on the issue. But you need to talk to someone who can work the system on your behalf.

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