Q: I have been in the US since 12 yrs old, now under DACA. Last year I married a citizen. Can he file a Form I-130?
I have DACA status, is it okay to start the green card process (filing Form I-130 and Form I-485) from inside the US? Will my DACA status interfere with the green card for relatives (spouse)?
A:
Congratulations on your marriage. This forum is for general information purposes and is not to be considered a direct answer to your question.
It is your spouse who actually files the I-130 petition for alien relative. A 485 is used for adjustment of status, i.e. you entered on visitor's visa, etc. The key is one MUST have had legal entry, meaning inspection upon entrance. DACA is not the same as establishing legal entry and current rules on DACA do not allow one to adjust status from DACA. There may be some exceptions, i.e. one exited the country under legal status and returned legally, etc. I am NOT suggesting you leave the country, rather just making a general statement.
Please consult with an immigration attorney privately to discuss your particular circumstances. I wish you the best.
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.
