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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Can You File an I-485 For Marriage-Based Adjustment of Status if You Have DACA

    An immigrant has been in the U.S. since she was twelve years old, and has been granted DACA. She is now married to a U.S. citizen. Can they file an I-130 and I-485 to adjust her status based on marriage?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Can You File an I-485 For Marriage-Based Adjustment of Status if You Have DACA

    The spouse may file an I-130, but the I-485 presents some complications. The I-485 can be filed for adjustment of status only if the immigrant spouse entered the U.S. legally -- for example, if she entered as a tourist and overstayed. She must have entered lawfully and been inspected upon entry in order to qualify to adjust her status; if she did not, she has no status to adjust.

    So if her entry was lawful, the answer is "Yes"; if not, she should discuss the details with an immigration lawyer to determine the best and safest means of obtaining lawful status.

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