Q: I have DACA under unlawful entry, I am married to a US citizen will I be eligible to apply for a green card?
I came when I was 7 years old, I am now 23 years old, currently enrolled in college and have a clean record. If I am eligible how long would the process take? and would there be a penalty where I would have to return to the country I was born?
A:
Your spouse can petition you, and once that petition is approved you can apply for an immigrant visa. You will have to returned to your country of origin for an interview. You may have to file a waiver for any unlawful presence you’ve accrued within the United States. The fact that you have DACA decreases the chances for that, but we strongly recommend you speak with an immigration attorney about your case.
There are rare cases in which you wouldn’t need to return to your country of origin. Again, an immigration attorney can help with that.
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