Q: Eligibility for Green Card
My niece married a Hispanic kid about a year ago (they are 20), that was brought to the United States from Mexico illegally when he was a very young child (2 or 3 years old). When he was about 6 or 7, his family took him back to Mexico for approximately 18 months and then returned to the United States illegally. He has now lived here steadily for almost 10 years, was going to school and applied to the DACA program since it's implementation, he completed his GED, and he does not have any law violations, current or pending. His current immigration lawyer seems to be advising him to not reapply for DACA in fear of being deported when Donald Trump takes office. Is he eligible to get a Green Card in order to work towards gaining citizenship?
A: In order to be eligible for an application for a green card, he needs a legal entry. This can be done through an application for advanced parole through his status as a DACA recipient. Schedule a time to meet with an immigration attorney to go through the details. Some attorneys offer a free consultation.
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