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In other words, under current immigration law, no individual can apply for a green card on the basis of having DACA. One of the principal requirements for adjustment eligibility is a lawful entry. An applicant that entered without inspection will generally be denied.Lawful entry means that you were admitted or paroled into the United States. The INA states that a person who entered without inspection (EWI) or overstayed their visa begins to accrue unlawful presence when they turn 18. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. For example, a child that entered the U.S. with a valid B-2 visitor visa 20 years ago lawfully entered the United States. For obvious reasons, this is extremely serious and could prevent an individual from obtaining permanent residence.The I-601A waiver allows an individual subject to a 3- or 10-year ban to get provisional approval of their unlawful presence waiver before having to depart the United States to attend the immigrant visa interview at the U.S. embassy or consulate. Typically, this happens at a port of entry (airports, seaports, etc.) Family-Based Immigration Explainer. If you are uncertain how you entered, you can reference your DACA application. However, certain individuals are able to navigate through these issues and find a path to permanent residence. Generally, a lawful entry to the United States is a fundamental requirement for adjusting status to permanent resident.If you have a lawful entry – even if your status is now expired – you may be able to apply for a green card on your own. Search the Learning Center.
So long as the sponsorship was “properly filed” and “approvable when filed,” along with other requirements, the DACA beneficiary may nevertheless qualify for 245(i) even if the green card process was later abandoned or even denied.Unfortunately, many DACA recipients are not eligible for an employment-based green card because the Immigration & Nationality Act (INA), the set of laws that govern who can qualify for which immigration benefits, says that only certain individuals are eligible to file for an adjustment of status (green card) application in the U.S. and generally prohibits from filing those who have previously accepted unauthorized employment, who are in unlawful immigration status on the date of filing the application, or who have failed to maintain continuously lawful status in the US since the last admission. Blog (888) 777-9102. If you applied for DACA before turning age 18 (or within 180 days after turning 18): You should be able to return to your country of origin and apply for a green card through a U.S. embassy or consulate, just as anyone would do if they were living abroad and applying for a green card based on marriage to a U.S. green card holder. Visa Waiver Program).If you entered with a valid visa, but that visa has since expired, you still had a lawful entry. Past results cannot guarantee future performance. While there are some exceptions, they typically don’t apply to DACA recipients because DACA is not a status and many DACA recipients entered the U.S. without inspection (EWI).Practically speaking, a DACA recipient with a U.S. citizen spouse will likely proceed with a marriage-based case through the consulate and not pursue an employment-based case, which typically takes longer. )Certain people that initially entered the U.S. without inspection (unlawful entry) have obtained a lawful entry by using advance parole. Temporary Protected Status (TPS) recipients that have entered the U.S. with an advance parole document also have a lawful entry. (Department of State issues a combination B-1/B-2 visa in the form of a border crossing card to certain Mexican citizens.