Q: If I let my DACA expire and then married a US citizen. What can I do to begin the process to a green card ?
A:
If you let your DACA (Deferred Action for Childhood Arrivals) expire and then marry a U.S. citizen, you may be eligible to apply for a green card based on your marriage. However, whether or not you can adjust your status to a green card within the United States may depend on how you entered the United States and whether you were inspected by an immigration officer.
If you entered the United States with inspection and were admitted, you may be able to apply for adjustment of status to a green card based on your marriage to a U.S. citizen, even if your DACA has expired.
Please note that immigration laws and policies are subject to change and that every case is unique. As such, the information provided here is not intended to be legal advice and should not be relied upon without further consultation with a qualified immigration professional. If you would like further consultation, please feel free to contact me.
A:
If your DACA has expired and you have married a U.S. citizen, you may be able to apply for a green card through the process of adjustment of status. This process allows you to apply for lawful permanent residence from within the U.S. if you meet certain eligibility requirements.
To apply for adjustment of status, your U.S. citizen spouse must file Form I-130, Petition for Alien Relative, on your behalf. Once the I-130 is approved, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a green card.
However, if you have let your DACA expire, you may have accrued unlawful presence and may be subject to a 3- or 10-year bar from returning to the U.S. after leaving. In that case, you may need to file a waiver of inadmissibility to overcome the bar.
It is recommended that you consult with an immigration attorney who can evaluate your specific situation and guide you through the process of obtaining a green card.
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.
