Can You Adjust Status Based on Marriage While in DACA
I am a asylum derivative who entered legally as a minor in 2001 under my father's asylum and am currently on DACA . My father was approved for asylum but was later suspected of fraud when applying for LPR. The suspected fraud was related to the wrong date of entry into the US listed on the asylum application and the real date of entry (my dad followed the advice of a fake lawyer who was running a scam). When my DACA was approved, my deportation case was administratively closed as long as DACA is active. I wish to marry a USC (bona-fide marriage) but wanted to know if the marriage, along with a approved I-130, will be sufficient to remove me from removal proceedings entirely?
Additionally, I wish to do AoS after marriage but want to know if I should do before/during/after the IJ closes my removal proceedings for good?
Re: Can You Adjust Status Based on Marriage While in DACA
When a principal asylee's status is terminated, a derivative asylee's status is also terminated as a consequence.
Quote:
Quoting Affirmative Asylum Procedures Manual
Termination of asylum status for the principal asylee results in termination of any derivative status, whether derivative status was gained at the same time of the original asylum grant or through the approval of an I-730, Refugee/Asylee Relative Petition. The termination does not preclude the former derivative from applying for asylum or withholding of removal on his or her own. When grounds for termination apply to a derivative alone, the derivative asylum status is terminated without effect on the principal asylee’s status, and documents discussed in this section are issued to the derivative asylee alone. See INA § 208(c)(2), (3); See also 8 C.F.R. 208.24
As you are protected by DACA, if you entered the U.S. lawfully you have the option of marrying and seeking to adjust status through your marriage. If you did not enter lawfully, consult an immigration lawyer about your options.