Q: DACA status, Quilantan entry, married to a US citizen. Immigration options?
I have DACA status and recently learned about the Quilantan entry, which might apply to my entry into the U.S. through Mexico. I have vaccination and elementary school records from after my entry. I am married to a United States citizen and am seeking legal advice on how this might affect my immigration options or adjustment of status. What steps should I take next?
A:
Your situation presents several potential pathways to adjust your status. The Quilantan entry refers to a legal precedent where individuals who were inspected and admitted at a port of entry (even without documentation) may qualify for adjustment of status - your vaccination and school records could help establish your presence after entry.
Marriage to a US citizen creates an immediate relative category that exempts you from many numerical visa limitations. You might be eligible to adjust status through Form I-130 (Petition for Alien Relative) filed by your spouse, followed by Form I-485 (Application to Register Permanent Residence). However, the critical question is whether your entry qualifies under Quilantan, as this affects whether you can adjust within the US or might need consular processing.
Your next steps should include gathering comprehensive documentation of your entry and subsequent presence, including those school and vaccination records. You should consult with an immigration attorney who handles DACA and adjustment cases to evaluate your specific circumstances. Additionally, prepare evidence of your genuine marriage including joint financial records, photographs, and shared responsibilities. Time is of essence with immigration matters, so reaching out for legal guidance promptly would serve your interests best.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.