[TX] Should a DACA recipient use advance parole or consular processing to adjust status through marriage?

I understand that waiting for an adjustment of status can be stressful. Can you please share if you have already submitted your application?

Are you currently in the United States, and if so, what is your current immigration status?

Is there anything else the Immigration Lawyer should know before I connect you? Rest assured they will be able to help with your adjustment of status.

Hi there, and welcome! I'm Guillermo, a licensed U.S. immigration attorney with over 27 years of experience in this area. I'm really glad you're here, and I'm looking forward to helping you. Regarding your question about the current wait times for adjustment of status through marriage, advanced parole, and concurrent filing of the I-130 and I-485, have you considered any specific steps to address this situation?

Could you let me know if you have already started any paperwork or applications for either the advanced parole or the consular process?

Got it, thanks for letting me know. Are there any specific concerns or factors that are influencing your decision between advanced parole and the consular process?

Based on your situation, there are several legal considerations and concepts in U.S. immigration law that could potentially support your case:

Advanced Parole: This is a travel document that allows certain individuals, including DACA recipients, to re-enter the U.S. after traveling abroad without a visa. It does not guarantee re-entry, but it is generally used to preserve the individual's ability to adjust status within the U.S.

Consular Processing: This involves applying for a visa outside the U.S. at a U.S. consulate or embassy. It is often considered when the individual is outside the U.S. or prefers to complete the process abroad.

Unlawful Presence: Since your husband has not accrued more than 180 days of unlawful presence, he may avoid certain bars to re-entry that could complicate the consular process.

DACA and Legal Status: The Texas v. U.S. case could impact DACA recipients' ability to maintain lawful presence and work permits, which is a significant consideration in deciding whether to pursue adjustment of status or consular processing.

Let me know if you have any questions or clarifications, otherwise I will move forward with guidance.

The Texas v. U.S. case could potentially impact DACA recipients by challenging the legality of the DACA program itself, which might affect the ability of recipients to maintain lawful presence and work permits. This is a significant consideration when deciding between adjustment of status and consular processing.

Here is a detailed breakdown of your options and considerations:

1. Advanced parole
   • Pros: Allows travel outside the U.S. and re-entry without a visa, preserving the ability to adjust status within the U.S. under (8 U.S.C. § 1255), Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence.
   • Cons: Current processing times can be lengthy, potentially up to twenty two months, and there may be a fee upon re-entry.
   • Considerations: If the Texas v. U.S. case affects DACA, it might impact the ability to maintain lawful presence, which is crucial for adjustment of status.
2. Consular Processing
   • Pros: Often faster than advanced parole, especially since your husband has not accrued more than 180 days of unlawful presence and has a clean record. Under (8 U.S.C. § 1182(a)(9)(B)), Aliens Unlawfully Present, someone who accrues more than 180 days but less than one year of unlawful presence, then departs voluntarily before removal proceedings begin, faces a three year bar to re-entry, so staying under that threshold matters here.
   • Cons: Risk of being kept in Mexico longer than expected, though this risk is mitigated by his clean record and DACA status.
   • Considerations: The Texas v. U.S. case might not directly impact consular processing, but it is important to stay informed about any changes in DACA status.
3. Legal Implications of Texas v. U.S.
   • Impact: If the case results in changes to DACA, it could affect work permits and lawful presence, influencing the decision to adjust status or pursue consular processing.
   • Advice: Keep abreast of legal developments and consult with an immigration attorney to understand how changes might affect your specific situation.
4. Next Steps
   • Consultation: Consider consulting with an immigration attorney to evaluate the best course of action based on current legal developments and your husband's specific circumstances.
   • Stay Informed: Regularly check for updates on the Texas v. U.S. case and any changes to DACA policies.

Please let me know if you have further questions.

You're very welcome, it's been my pleasure to assist you today. Thank you for taking the time to explain your situation and for allowing me the opportunity to help. I understand that immigration matters can often be stressful and uncertain, and I sincerely hope our conversation has provided you with greater clarity and confidence as you move forward.