Success Stories: Marriage-based green card approved for Mexican DACA recipient who entered on Advance Parole
Photo by Chermiti Mohamed on Unsplash. A marriage-based green card grants permanent residency to the spouse of a U.S. citizen or green card holder allowing them to live and work in the United States. Find out what documents are required to prove your bonafide marriage for a green card application.
We recently received an approval for an adjustment of status application filed on behalf of a Mexican DACA recipient who entered on Advance Parole petitioned by her U.S. citizen husband. Congratulations to our clients!
The beneficiary is a Mexican national who entered the United States without inspection as a baby. She applied for and was granted Deferred Action for Childhood Arrivals (DACA), which is a discretionary remedy providing temporary relief from deportation (deferred action) and work authorization to certain young undocumented immigrants instituted by Executive Action by the Obama Administration in 2012. Unlike federal legislation, DACA does not provide permanent legal status to individuals and must be renewed every two years. In 2021, as a result of a court injunction, the U.S. Citizenship and Immigration Services (USCIS) is not allowed to grant new DACA requests, but current DACA recipients may continue to be granted renewals and employment authorization.
Undocumented immigrants—including those with DACA—who entered the country illegally cannot easily get lawful status, even if they have a family member who can sponsor them for permanent residence. They are inadmissible because of their unlawful entry. However, a person who travels abroad with permission from the government to depart and return (called advance parole) will reenter legally when they come back. They will be paroled into the U.S., which is considered a lawful entry. This reentry with parole allows some of those immigrants more opportunities to seek permanent residence.
In this case, our clients retained our services for advice when she applied for advance parole while on DACA, which enabled her to travel back to Mexico for humanitarian purposes and reenter legally. During our initial consultation where we conducted a thorough intake and interview, we were able to determine that she would be able to adjust her status by virtue of her marriage to her U.S. citizen husband.
We submitted an adjustment of status application based on their marriage. At this time, many marriage based green card application interviews are being waived to deal with the backlog. We had submitted evidence of a bona fide marriage at the time of filing and the application was approved without a request for evidence and without an interview!
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Torregoza Legal PLLC is the law firm for immigrants, by immigrants. We are founded on the motto of LegalEase: we do away with the legal jargon and make law easy to understand, so you can focus on what’s important to you – going for your American Dream.
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