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1st time Daca applicant on I-130

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  • 1st time Daca applicant on I-130

    Good evening,

    I got to the US in 2004 when I was 14 years old. At the age of 20 I married a US citizen 2010 and I had a valid green card Until 2013. We divorced in 2013 and while waiting for the divorced (long time) I fell out of status. I have an order of removal at the moment.

    my question is I got married to my long term usc husband in July 2020 and we submitted I-130 alone.

    im sick of waiting for employment authorization there is a long time to wait for i130 to be approved PD nov 2020

    my question is would I qualify for DACA is I had legal status on July 15th 2012 and lost it later?

    was 14 when arrived in 2004
    finished high school/college
    no crimes of any nature

    Any info will help thanks


  • #2
    Hi,
    Most of the your situations are meeting DACA requirement.. But only concern is on removal order. As per the USCIS age guidelines, If you are in removal proceedings, have a final removal order, or have a voluntary departure order, and you are not in immigration detention then you will need to meet this: Under the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request.
    I suggest you to have a discussion with Immigration Attorney to know the exact process and qualification.
    Thanks
    Last edited by rkk09; 06-25-2021, 03:17 PM.

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    • #3
      I know this is several months old, but... How did you "fall out of status"? Did you forget to apply for Removal of Conditions? You can file Removal of Conditions on the basis of divorce, and there is no time limit to file it. You can still file it while in removal proceedings. Is there a reason you didn't? I don't know if you can somehow reopen the removal proceedings and file Removal of Conditions now. And some documents indicate that you might even be able to get an I-551 stamp while in removal proceedings, which would allow you to work.

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

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