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Leaving the U.S. After Receiving DACA Status

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  • 01-29-2017, 06:03 AM
    lawfacts
    Leaving the U.S. After Receiving DACA Status
    A man who entered the U.S. illegally as a child was granted DACA and is now engaged to a U.S. citizen. He and his fiancée are considering moving to Canada for several years. How will that time out of the U.S. affect his ability to reenter or adjust his status based on marriage?
  • 01-29-2017, 10:31 AM
    Mr. Knowitall
    Re: Leaving the U.S. After Receiving DACA Status
    As the man did not enter the U.S. lawfully, he cannot adjust his status based on marriage. He would need to first obtain a waiver, or in the alternative get advance parole, leave the U.S. and reenter lawfully. If he leaves the U.S. without a waiver, he will not be allowed to reenter the U.S. without first getting a waiver for the period of ineligibility resulting from his unlawful presence in the U.S.

    He and his fiancée should discuss with an immigration lawyer all of their options, and the relative costs and benefits of each option, before leaving the U.S.
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