Asked in Immigration Law for Idaho

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?

Related Topics:
1 Lawyer Answer
Jordan C. Moody
Jordan C. Moody
  • Immigration Law Lawyer
  • Boise, ID

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.