Q: Could wife refile for DACA or how can she be permitted to work since she’s married to a US citizen
Currently married to US Citizen. Parents are illegal came here without inspection as she was also brought to US without inspection at age of two months. Obtained her DACA in 2012 she was 17 now she is 19 and I let it expire due to me filing for her i130 as I know it doesn’t obtain legal status, my mindset was since she’s married to a citizen we’d just go through the legal process of obtaining her Green Card. Also a note we were married and filed for her i130 before her DACA expired
A:
Because you failed to file for a 1 step adjustment when she was 19, your wife has now accumulated unlawful presence.
I would suggest you contact an immigration attorney at your earliest opportunity. My office number is (540) 684-6621.
A: Correction: I overlooked a crucial aspect of your question? If she entered WITHOUT inspection, she will not be able to complete a one step adjustment at this time. In that case, she will have to leave before accumulating 180 days or obtain some other status.
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