Q: Should I refile for my wife’s DACA I let it expire since we got married and I filed for her i130
She entered the US at two months of age. Her DACA was due to expire but we were already married before it’s expiration and I filed for her I130 and chose not to renew her DACA since I thought she’d be protected when I filed for the i130 and she’s the spouse of a US citizen but now I don’t know what to do since she’s ineligible for work
A:
There are a lot of questions that need to be answered before an attorney can give you adequate advice.
For example:
1. How old is your spouse? Depending on her current age and the age she was when she obtained DACA, she may not have amassed any unlawful presence.
2. How did she enter the United States?
3. What status do her parents hold and when did they acquire that status?
4. Did someone file for your spouse prior to April of 2001?
As you now know, the filing of an I-130 alone does not confer any lawful status.
Immigration is a serious issue. So, it is always a good idea to seek a competent immigration attorney to answer these questions and direct you in the right direction.
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