Parrish, FL Immigration Law Firms & Lawyers

Decisions need to be made, but you have lawful status unless you depart. This DACA Approval allows you to remain until the DACA Program ends or another immigration program takes it's place. The current laws 'may' provide an option for you to know, before you depart the U. S., if you can return with a green card. However, confusion, complication, and tremendous risk involved are common. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before taking any further action, since you can put your rights in jeopardy and lose thousands of dollars in USCIS Processing fees if you are disqualified, as well.

When you say that the girl does not have any documents, I assume that you mean that she did not enter the country legally. If so, she will have to leave the U. S. in order to get the green card unless she is a beneficiary of section 245(i) under which an individual can adjust status to permanent residence in the U. S. if he or she had a labor certification application or visa petition filed by April 30, 2001, and was physically present in the U. S. on December 21, 2000. It would likely be faster for her immigration if you became a U. S. citizen. I note that if your girlfriend has been here without status for 180 days or one year after entry without documents, she would be barred from entering for 3 or 10 years respectively if she left the U. S. You and she may explore the possibilities of her applying for an I-601A waiver based on extreme hardship to you when you are married. Unlike the regular I-601 waiver which is only available after denial at a consular interview, the I-601A allows a qualified individual to submit a waiver application of the 3 and 10 year bars while in the States and wait for the result before deciding to go overseas for consular processing of an immigrant visa. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.