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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105572
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Good afternoon: This child applied for DACA and it was recently

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Good afternoon:
This child applied for DACA and it was recently approved. He is 16 years old. His father filed an I-130 and it was approved last week. He entered with a B1-B2 visa. Prior to the DACA approval., he was without a legal status. My question is: can he filed for Adjustment of Status next week since the F2A will be current and he is under DACA ? Thank You. .
Hello again. Unfortunately, no. He is still not an immediate relative to a U.S. Citizen and DACA does not technically give him legal status to be able to Adjust Status. It is just basically the executive branch saying that they have chosen not to enforce the laws against this child/person and will grant them a work permit for the time being, but it is not a legal status that allows Adjustment of Status. I am truly sorry.
Customer: replied 3 years ago.


Ok. So, when his father becomes a USC, he can adjust his status if he is still under 21 and single ?

Yes, but all three conditions must be met. He must be a U.S. Citizen, the child must be under 21 when the I-130 and I-485 is filed, and the child must remain single.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you

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