Can I apply for permanent residency in the U.S.?

UPDATED: Oct 1, 2022

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Can I apply for permanent residency in the U.S.?

I came to the US at the age of 10 with my mother and entered without inspection and am currently under DACA. I am 25 and have been married to a police officer for 2 years. Can I apply for adjustment of status in the U.S.? Will we still have to prove extreme hardship?

Asked on September 1, 2017 under Immigration Law, Texas


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you'd still need the waiver because you had entered the US without an inspection.  The requirements to get DACA are not the same requirements as you need for adjustment of status.  But you should be able to do the waiver now in the US and only leave to get a visa once you know you've gotten the waiver.

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