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  • DACA to Adjument of Status

    Hi,

    I am a DACA recipient (entered on tourist visa) who got married to a U.S citizen last year. We are currently working on getting an adjustment of status. The EAD i received through DACA wont expire until 2018. Am i supposed to submit form I-765 with the other paperwork even though my work permit is still valid? Any advice would be greatly appreciated. Thanks.

  • #2
    Originally posted by mig5olivar View Post
    Hi,

    I am a DACA recipient (entered on tourist visa) who got married to a U.S citizen last year. We are currently working on getting an adjustment of status. The EAD i received through DACA wont expire until 2018. Am i supposed to submit form I-765 with the other paperwork even though my work permit is still valid? Any advice would be greatly appreciated. Thanks.
    Hi. since this is a new case (through Marriage) I would sent everything including an I-765. you are going to have to send copies of your current EAD as well. Also send as many things as posible that shows your real marriage, pics, jointed bank accounts, jointed insurance, house lease in both names, credit cards in both names..the more the better.. We sent a lot in our package and our case only took 3 months from the start to receive my green card and finally was able to go see my family after 24 years... best of luck!

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    • #3
      You won't be charged for filling for work permit i765 after aos. Take it from me. I have the same exact situation. I am under DACA and filed aos through marriage in September 2016. My lawyer told me not to worry about i765 because my current permit didn't expire for another 8 months and I wouldn't need it by then (expiring in April 2017!!!) My interview was in December in which they sent me an rfe (request for evidence) to retake medical exam because I did it before August and wasn't tested for gonorrhea. My permit expires in about 2 in a half weeks and we still haven't heard anything at all. My online status still shows Interview scheduled. Now my DACA will expire and I will be forced to request a leave of absence for work..I hope they won't fire me!...Better safe than sorry, i listened to my lawyer when I knew I should've atleast renewed my DACA to be on the safe side....send i765 along with the notice USCIS sent you of your aos.... Depending on where you live your case can take long. I know people who have been waiting for over a year and a half...And that's with a priority date, and that could leave you in my current status ...I've seen other people get work permit or extended current permit approved while I'm aos pending status, good luck

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      • #4
        You won't be charged for filling for work permit i765 after aos. Take it from me. I have the same exact situation. I am under DACA and filed aos through marriage in September 2016. My lawyer told me not to worry about i765 because my current permit didn't expire for another 8 months and I wouldn't need it by then (expiring in April 2017!!!) My interview was in December in which they sent me an rfe (request for evidence) to retake medical exam because I did it before August and wasn't tested for gonorrhea. My permit expires in about 2 in a half weeks and we still haven't heard anything at all. My online status still shows Interview scheduled. Now my DACA will expire and I will be forced to request a leave of absence for work..I hope they won't fire me!...Better safe than sorry, i listened to my lawyer when I knew I should've atleast renewed my DACA to be on the safe side....send i765 along with the notice USCIS sent you of your aos.... Depending on where you live your case can take long. I know people who have been waiting for over a year and a half...And that's with a priority date, and that could leave you in my current status*...I've seen other people get work permit or extended current permit approved while I'm aos pending status, good luck

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