• Skip to main content
  • Skip to footer
U.S. Immigration Law Firm

U.S. Immigration Law Firm

Business and Family Immigration

  • (310) 591-8200
  • contact@ maxlawinc.com
  • Work Visas
  • Investor Visas
  • Fiancé Visa
  • Green Cards
  • Naturalization
  • About
  • Blog
  • Contact

News

Adjustment of Status Through Marriage Under DACA

In 2012, the USCIS began granting certain undocumented aliens employment authorization for a period of two-year years. Approved DACA applicants may also be eligible for Advance Parole, which allows them to travel outside of the United States and to re-enter, provided that it was for humanitarian, educational or employment purposes.

DACA applicants are undocumented – meaning that they did not enter the country with inspection. Generally, undocumented aliens cannot adjust their status and get a green card even if they are married to a United States citizen. Advance Parole under DACA may provide a loophole

Example

Valeria was brought to the United States by her parents without inspection when she was 3 years old. She graduated high school in 2010 and was approved for employment authorization under DACA in 2012. In 2013, her grandmother in Mexico and became terminally ill. She obtained Advance Parole under DACA and was able to visit her grandmother for the last time before she passed. She returned to the United States after a one month stay. In 2014, she married her longtime boyfriend, John, who is a United States citizen. Since Valeria was able to provide proof that she re-entered the United States legally in 2013 under Advance Parole, John can petition her for a green card and she can now adjust her status without a ten-year ban or the need for a provisional waiver. She would not be able to adjust her status if she hadn’t visited her grandmother and re-entered under Advance Parole because her only entry prior to that was without inspection.

If you have been approved under DACA, or if you may be eligible, please contact us so that we can arrange a viable strategy for you.

Got a question?

Call us at (310) 591-8200 or send us an email at contact [@] maxlawinc.com.

Primary Sidebar

Search

Categories

  • Adjustment of Status
  • Advance Parole
  • Canadian Immigration
  • CBP
  • Citizenship
  • Consular Processing
  • Coronavirus
  • COVID-19
  • DACA
  • DOMA
  • E-2
  • EAD
  • Employment Authorization
  • Entrepreneurs
  • Executive Action
  • Fiance Visa
  • Green Card
  • H-1B
  • Inadmissibility
  • Investors
  • L-1
  • LGBT
  • Models
  • Naturalization
  • Nurses
  • O-1
  • OPT
  • Physical Therapists
  • R-1
  • Re-Entry Permits
  • Returning Resident Visa
  • Silicon Beach
  • Students
  • TN
  • TPS
  • U.S. Immigration
  • Uncategorized
  • USCIS
  • Visa Waiver Program
  • Visitor Visa
  • Waivers
  • Work Visa

Archives

  • September 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • October 2023
  • September 2023
  • July 2023
  • March 2023
  • February 2023
  • January 2023
  • July 2022
  • February 2021
  • January 2021
  • August 2020
  • July 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • June 2019
  • May 2019
  • April 2019
  • November 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • March 2016
  • January 2016
  • November 2015
  • August 2015
  • July 2015
  • June 2015
  • January 2015
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • January 2014
  • November 2013
  • October 2013
  • September 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • June 2012
  • March 2012
  • August 2011
  • July 2011
  • June 2011
  • February 2011
  • January 2011

Tags

Advance Parole B-1 B-2 Canada Citizenship Consular Processing CPT DACA DAPA DOMA DUI E-2 EAD EB-5 Entrepreneurs Executive Action F-1 Fiance Green Card green cards H-1B H-4 Immigration Inadmissibility Investors K-1 L-1 LGBT Marriage NAFTA Naturalization Nurse Obama OPT Physical Therapist Prop 8 STEM Students TN USCIS Visa Visa Bulletin Visitor Waiver Work Visa

Recent Articles

  • USCIS Extends Validity of Expiring Green Cards to 36 Months Upon Filing of Application for Renewal
  • USCIS Announces That Medical Exams Will No Longer Expire After Two Years
  • 2024 USCIS Fee Increases for Adjustment of Status Applications
  • The Difference Between a Fiancé Visa and an Immigrant Visa
  • USCIS Provides Details for the FY2025 H1B Lottery

Filed Under: Advance Parole, DACA, Employment Authorization, Green Card, U.S. Immigration, Waivers, Work Visa Tagged With: Advance Parole, DACA, EAD, Green Card

Reader Interactions

Trackbacks

  1. When You’re in the Military, But Engaged to a ‘Dreamer’ - MEL Magazine says:
    October 15, 2018 at 8:27 pm

    […] Unfortunately, getting married sooner won’t result in naturalization for Tovar-Contreras. DACA allows immigrants to work and live here, but the path to citizenship is byzantine. Because Tovar-Contreras wasn’t “inspected” when she entered the country, she’s not eligible for a green card — the traditional first step toward citizenship — and the measure that would make marriage a viable option. In fact, to secure a green card, she’d have to leave the country for a time, so she could re-enter under the process known as “Advance Parole.” While this might result in a green card, it also carries the risk that she wouldn’t be able to return. […]

  2. When You’re in the Military, But Engaged to a ‘Dreamer’ | MEL Magazine says:
    June 27, 2019 at 7:04 pm

    […] Unfortunately, getting married sooner won’t result in naturalization for Tovar-Contreras. DACA allows immigrants to work and live here, but the path to citizenship is byzantine. Because Tovar-Contreras wasn’t “inspected” when she entered the country, she’s not eligible for a green card — the traditional first step toward citizenship — and the measure that would make marriage a viable option. In fact, to secure a green card, she’d have to leave the country for a time, so she could re-enter under the process known as “Advance Parole.” While this might result in a green card, it also carries the risk that she wouldn’t be able to return. […]

Copyright © 2023 Maximilian Law Inc. All Rights Reserved.

Los Angeles Immigration Law Firm Visas Green Cards

Los Angeles El Segundo Playa Vista Immigration Lawyer Attorney Law Firm LAX 90245