May 14, 2021

Green Card for DACA Beneficiary

Attorney Mooradian’s client, a young professional from South America, was brought to the United States as a child.  As a result, she grew up and attended school in the United States as an undocumented young woman.  However, before she turned age 18, she was able to benefit from the Obama-era program called DACA (Deferred Action for Childhood Arrival), which allows certain young people brought to the United States as children to work and live in the United States without immediate risk of removal.

Since receiving DACA and attending college, this client married a United States Citizen.  Given that she had travelled outside the United States on Advance Parole, she was able to adjust her status to that of Lawful Permanent Resident based on her status as a United States Citizen.

Mooradian paid special attention on this case to the financial requirements.  Since the implementation of the public charge rule by the Trump Administration, the immigration agency takes a close look at the I-864 (which demonstrates the petitioner/financial sponsor’s ability to support the intending immigrant), as well as the form I-944 (which is the beneficiary’s statement regarding his or her self-sufficiency).

There are numerous questions about how and whether to prepare an I-944 at this time, especially given activity in the federal courts.  Mooradian chose to thoroughly prepare an I-944 for this beneficiary.  By the time of the interview, the officer could see that there was no question about the true marital relationship between the beneficiary and petitioner, that there was no question about financial sponsorship or the self-sufficiency of the beneficiary, and that the beneficiary was clearly eligible for adjustment of status based upon her immigration history.  Accordingly, the beneficiary (our client) was approved for adjustment of status to that of Lawful Permanent Resident.  She must renew her green card (remove the conditions) before the expiration date in two years.  The client has gone from undocumented, to having a delicate immigration status, to now being an American with a green card and clear path to citizenship.

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