DACA or Resident Card?

Aggie Hoffman

Should I apply for DACA first or for a resident card? I am married with an American citizen. I came to the US in 2003 when I was 15, and have not left since then. I am confused about what I should do first: apply for DACA or if my husband should make the petition for me. (I came illegally so If I qualify for DACA, do I still need to go back to Mexico to wait for my interview?

You do not need to apply for DACA. Go straight for resident status through your US citizen husband. However, yes, you will need to leave the US and process your immigrant visa (green card) in your home country. Fortunately, your husband can file for a provisional waiver (I-601A) on your behalf; this means that you will get a decision on the application before you leave, and will need to spend only 1 or 2 days abroad to get your immigrant visa. The I-601A, however, is a complex application. You should retain the services of an experienced immigration attorney to process it.

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