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HELP!! Questions- I-485

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  • HELP!! Questions- I-485

    We are about to submit the I-485 AOS. What should we expect. My husband is a DACA recipient and he re-entered legally to the U.S.
    how is this process different from marriage based? He already has a Employment Authorization card. We have an I-130 approved. PLEASE HELP!

  • #2
    Originally posted by slcampo0493 View Post
    We are about to submit the I-485 AOS. What should we expect. My husband is a DACA recipient and he re-entered legally to the U.S.
    how is this process different from marriage based? He already has a Employment Authorization card. We have an I-130 approved. PLEASE HELP!
    DACA and marriage-based adjustment are two different things. You can't adjust with DACA. Just file the AOS application with supporting documents, you're filing based on US citizen spouse. I-765 application for EAD is optional, but if his work permit is expiring soon, I suggest you include it.

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    • #3
      DACA is completely irrelevant to the AOS. The only things that are relevant are that he is the spouse of a US citizen, and he entered legally.

      This is my personal opinion and is not to be construed as legal advice.

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