1. Prepare for losing your permit. Always prepare for the worst case scenario.
2. Yes you can work 1099 jobs. You don’t need a work permit to work them.
3. You’re not supposed to work without authorization. But in reality, that doesn’t mean anything because you’re already undocumented. Unauthorized work by DACA recipients have no real world consequences. It gets forgiven when you marry a citizen. Any potential immigration bill has not penalized unauthorized work. Millions of undocumented immigrants work without a permit in this country.
4. You do accumulate unlawful presence when you don’t have DACA. That only affects you if you want to pursue an employment based visa in the future. Unlawful presence is not a factor if you marry and adjust status in the US.
Prioritize getting legal entry through AP whenever you get your DACA back if you don’t have it.
Yes you accrue unlawful presence if your DACA expires. Even if you have a renewal pending.
The days between DACA cards is the best way to calculate how many days of unlawful presence you have.
Unlawful presence hurts marriage based permanent residency too. More than 180 days and you begin to need waiver for it, otherwise I believe you start with a 3 year bar. I read up on it since my permit took forever to get approved this year (270 days) and got worried since I submitted my AOS this year before I got my daca approval.
It hurts marriage based petitions if you need to consular process and need the 601a waiver.
If you have (or get ) legal entry, you don’t have to worry about unlawful presence and can AOS in the US no problems
You’ll need the waiver regardless if you accrue more than 180 days of unlawful presence. Unlawful presence accrues if you’re over 18 years old even if you came here legally but whatever means you came here with expired (like a visa overstay). The legal entry just means you don’t need to do consular processing.
Dude that’s wrong you don’t need a waiver to do adjustment of status through marriage. All you need for AOS is legal entry. A lot of DACA folks are getting legal entry by doing AP while the DACA program is around.
We applied for AP maybe three to four years ago and have not heard back. How long is the AP process usually?
I married my wife in 2019 and applied for her shortly after. We get notifications the case is being transferred occasionally, but we have not heard anything official yet.
A lot of daca folk also happen to get daca before turning 18 so most of us never accrued any unlawful presence to even worry about it, especially those that have adjusted already. In the years to come assuming daca isn’t axed we’ll likely see it become more of an issue as more of us accrue unlawful presence given the massive recent delays.
As for my information, it’s straight from USCIS website. As daca we are noncitizens (except for tax purposes) & we definitely aren’t permanent residents. https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility
You’re not hearing me brother so this will be my last comment. A DACA recipient who wants a green card through marriage to a USC doesn’t need to worry about unlawful presence. The only thing the DACA recipient needs to worry about is legal entry.
Once they have legal entry, they can start the AOS process immediately in the United States. They don’t need waivers for unlawful presence.
I just want to flag that unlawful presence is not the only issue people who are adjusting status have to worry about. There are several other [bars to adjustment](https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2#) that folks should be thoroughly screened for!
Unlawful presence is not an issue for immediate relatives of who are doing AOS. My parents had over a decade of unlawful presence and got their green card in 6 months from being petitioned, no waiver needed.
Just make sure you pay the taxes for any reported income. IRS is not INS and if one comes after you they all come after you.
Also setup bank accounts, licenses, permits you might need... Everything now
1. Prepare for losing your permit. Always prepare for the worst case scenario. 2. Yes you can work 1099 jobs. You don’t need a work permit to work them. 3. You’re not supposed to work without authorization. But in reality, that doesn’t mean anything because you’re already undocumented. Unauthorized work by DACA recipients have no real world consequences. It gets forgiven when you marry a citizen. Any potential immigration bill has not penalized unauthorized work. Millions of undocumented immigrants work without a permit in this country. 4. You do accumulate unlawful presence when you don’t have DACA. That only affects you if you want to pursue an employment based visa in the future. Unlawful presence is not a factor if you marry and adjust status in the US. Prioritize getting legal entry through AP whenever you get your DACA back if you don’t have it.
This is a great answer, also agree that AP seems to be a viable route for legalization that many are now taking.
Thanks dude! Wish I could be a mod on this sub!
Do you agree unlawful time while you are waiting for you daca to renew ? Say you submit on time and everything
Yes you accrue unlawful presence if your DACA expires. Even if you have a renewal pending. The days between DACA cards is the best way to calculate how many days of unlawful presence you have.
Unlawful presence hurts marriage based permanent residency too. More than 180 days and you begin to need waiver for it, otherwise I believe you start with a 3 year bar. I read up on it since my permit took forever to get approved this year (270 days) and got worried since I submitted my AOS this year before I got my daca approval.
It hurts marriage based petitions if you need to consular process and need the 601a waiver. If you have (or get ) legal entry, you don’t have to worry about unlawful presence and can AOS in the US no problems
You’ll need the waiver regardless if you accrue more than 180 days of unlawful presence. Unlawful presence accrues if you’re over 18 years old even if you came here legally but whatever means you came here with expired (like a visa overstay). The legal entry just means you don’t need to do consular processing.
Dude that’s wrong you don’t need a waiver to do adjustment of status through marriage. All you need for AOS is legal entry. A lot of DACA folks are getting legal entry by doing AP while the DACA program is around.
We applied for AP maybe three to four years ago and have not heard back. How long is the AP process usually? I married my wife in 2019 and applied for her shortly after. We get notifications the case is being transferred occasionally, but we have not heard anything official yet.
AP takes 4-6 months
Hmm. Then maybe we're waiting for the waiver.
A lot of daca folk also happen to get daca before turning 18 so most of us never accrued any unlawful presence to even worry about it, especially those that have adjusted already. In the years to come assuming daca isn’t axed we’ll likely see it become more of an issue as more of us accrue unlawful presence given the massive recent delays. As for my information, it’s straight from USCIS website. As daca we are noncitizens (except for tax purposes) & we definitely aren’t permanent residents. https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility
You’re not hearing me brother so this will be my last comment. A DACA recipient who wants a green card through marriage to a USC doesn’t need to worry about unlawful presence. The only thing the DACA recipient needs to worry about is legal entry. Once they have legal entry, they can start the AOS process immediately in the United States. They don’t need waivers for unlawful presence.
Source?
I just want to flag that unlawful presence is not the only issue people who are adjusting status have to worry about. There are several other [bars to adjustment](https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2#) that folks should be thoroughly screened for!
Unlawful presence is not an issue for immediate relatives of who are doing AOS. My parents had over a decade of unlawful presence and got their green card in 6 months from being petitioned, no waiver needed.
Just make sure you pay the taxes for any reported income. IRS is not INS and if one comes after you they all come after you. Also setup bank accounts, licenses, permits you might need... Everything now
Yes
Yes