Q: Once I marry my fiance who has a DACA green card, will he have to leave for consular processing?
Updated**, yes, I am a US citizen. He has not left the USA since he was 14 and now has had a DACA green card for 8 years, he has never left the USA and entered with a valid passport and visa.
A: Assuming you (the petitioner) are a U.S. Citizen (not simply a U.S. Legal Permanent Resident), if your DACA spouse last entered the United States using a visa, with just a few limited exceptions, he is likely eligible to complete the marriage-based immigration process stateside through what is known as an application to adjust status. You should consult with a competent immigration attorney who can evaluate the facts of your case. An adjustment of status case that does not involve any criminal history, past immigration fraud, past orders of removal (deportation); such can be a straight forward case. Again, my recommendation is that you consult with an immigration attorney who can help flush out any possible issues before filing.
Stephen Arnold Black and Ms Grace I Gardiner agree with this answer
1 user found this answer helpful
A: I agree with counselor Slattery. Retain counsel to process an adjustment of status petition with supporting documents. A complete review of the file would need to be made, but it appears as if he qualifies to process here in Florida.
Ms Grace I Gardiner agrees with this answer
1 user found this answer helpful
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