Q: Do I need to have a lawful entry into the us for AOS through my us citizen husband?
I have DACA currently but I don’t have a lawful entry into the US.
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A:
Yes, a lawful entry is generally required to adjust your status (AOS) through marriage to a U.S. citizen. Without a lawful entry, you may not be eligible for adjustment of status unless you qualify for certain exceptions. One common exception is if you are a beneficiary of a petition filed before April 30, 2001, under Section 245(i) of the Immigration and Nationality Act.
However, because you have DACA, there may be other options available to you, such as consular processing or applying for Advance Parole. Advance Parole could allow you to travel outside the U.S. and re-enter lawfully, which could make you eligible for adjustment of status.
It's crucial to understand all your options before making any decisions. Discuss your situation with an experienced immigration attorney to explore the best path forward.
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