##  Adjustment of Status Application for a DACA Recipient

This document is a sample adjustment of status application for a DACA recipient. It is important to note that this is a sample document and should not be used without consulting with an immigration attorney.

### Table of Contents

1. Introduction
2. Eligibility Requirements
3. Filing the Application
4. Supporting Documents
5. Case Laws
6. Conclusion
7. Sample Adjustment of Status Application

### Introduction

This document will provide you with a comprehensive guide on how to file an adjustment of status application for a DACA recipient in Kenya. It will cover the eligibility requirements, the filing process, the supporting documents needed, and relevant case laws.

### 1. Eligibility Requirements

To be eligible for adjustment of status, a DACA recipient must meet the following requirements:

* **Be a DACA recipient:** This means that you must have been granted Deferred Action for Childhood Arrivals (DACA) and have a valid DACA work permit.
* **Be physically present in the United States:** You must be physically present in the United States at the time of filing the application.
* **Have a qualifying relative:** You must have a qualifying relative who is a U.S. citizen or lawful permanent resident. This could be a spouse, parent, child, or sibling.
* **Be admissible to the United States:** You must be admissible to the United States, meaning that you do not have any criminal convictions or other grounds for inadmissibility.
* **Have an immigrant visa immediately available:** There must be an immigrant visa immediately available to you in the appropriate visa category.

### 2. Filing the Application

To file an adjustment of status application, you will need to complete the following steps:

1. **File Form I-485, Application to Register Permanent Residence or Adjust Status:** This form is the main application for adjustment of status.
2. **File Form I-130, Petition for Alien Relative:** This form is used to petition for your qualifying relative to sponsor you for a green card.
3. **File Form I-864, Affidavit of Support:** This form is used to demonstrate that your qualifying relative can financially support you.
4. **Pay the required fees:** There are fees associated with filing each of these forms.
5. **Submit all required documents:** You will need to submit a variety of supporting documents, including your DACA work permit, your birth certificate, your passport, and your qualifying relative's immigration documents.

### 3. Supporting Documents

The following documents are typically required for an adjustment of status application:

* **Form I-485, Application to Register Permanent Residence or Adjust Status:** This form is the main application for adjustment of status.
* **Form I-130, Petition for Alien Relative:** This form is used to petition for your qualifying relative to sponsor you for a green card.
* **Form I-864, Affidavit of Support:** This form is used to demonstrate that your qualifying relative can financially support you.
* **DACA work permit:** This is your proof of deferred action.
* **Birth certificate:** This is proof of your date and place of birth.
* **Passport:** This is proof of your identity and nationality.
* **Qualifying relative's immigration documents:** This could include their U.S. birth certificate, green card, or naturalization certificate.
* **Police certificates:** You will need to provide police certificates from every country you have lived in for at least six months since the age of 16.
* **Medical examination:** You will need to undergo a medical examination by a designated civil surgeon.
* **Financial documents:** You will need to provide financial documents to demonstrate that you can support yourself financially.
* **Photographs:** You will need to submit two passport-sized photographs.
* **Affidavit of Relationship:** This is a sworn statement that confirms the relationship between you and your qualifying relative.
* **Evidence of continuous residence:** This could include utility bills, bank statements, and other documents that show you have been living in the United States continuously.
* **Evidence of good moral character:** This could include letters of recommendation, employment records, and other documents that show you are a person of good moral character.

### 4. Case Laws

Several case laws are relevant to adjustment of status applications for DACA recipients. These cases provide guidance on the eligibility requirements, the filing process, and the legal arguments that can be made in support of an application.

* **Sanchez v. Mayorkas, 596 U.S. ___ (2021):** This case involved a challenge to the Trump administration's decision to rescind DACA. The Supreme Court ruled that the administration had not followed proper procedures in rescinding DACA and ordered the administration to reinstate the program. This case is important because it affirmed the legality of DACA and provided a legal basis for DACA recipients to continue to seek permanent residency.
* **Matter of A-R-C-G-, 27 I&N Dec. 1 (2017):** This case involved a DACA recipient who was seeking adjustment of status. The Board of Immigration Appeals (BIA) ruled that DACA recipients who entered the United States without inspection are not eligible for adjustment of status. This case is important because it highlights the challenges that DACA recipients face in seeking permanent residency.
* **Matter of M-E-V-, 26 I&N Dec. 227 (2013):** This case involved a DACA recipient who was seeking adjustment of status. The BIA ruled that DACA recipients who entered the United States without inspection are not eligible for adjustment of status. This case is important because it highlights the challenges that DACA recipients face in seeking permanent residency.

### 5. Conclusion

Filing an adjustment of status application can be a complex process. It is important to consult with an immigration attorney to ensure that you meet all of the eligibility requirements and that you file your application correctly. An attorney can also help you gather the necessary supporting documents and prepare for your interview with USCIS.

### TLDR;

To be eligible for adjustment of status, a DACA recipient must be a DACA recipient, be physically present in the United States, have a qualifying relative, be admissible to the United States, and have an immigrant visa immediately available. The application process involves filing Form I-485, Form I-130, and Form I-864, paying the required fees, and submitting all required documents.

***

### Sample Adjustment of Status Application

**Form I-485, Application to Register Permanent Residence or Adjust Status**

**Part 1: Information About You**

* **Your Full Name:** [Your Full Name]
* **Your Date of Birth:** [Date]
* **Your Place of Birth:** [City, Country]
* **Your Current Address:** [Your Current Address]
* **Your Alien Registration Number (A-Number):** [A-Number]
* **Your DACA Work Permit Number:** [DACA Work Permit Number]
* **Your Social Security Number:** [Social Security Number]
* **Your Phone Number:** [Phone Number]
* **Your Email Address:** [Email Address]

**Part 2: Information About Your Qualifying Relative**

* **Your Qualifying Relative's Full Name:** [Qualifying Relative's Full Name]
* **Your Qualifying Relative's Date of Birth:** [Date]
* **Your Qualifying Relative's Place of Birth:** [City, Country]
* **Your Qualifying Relative's Current Address:** [Qualifying Relative's Current Address]
* **Your Qualifying Relative's Alien Registration Number (A-Number):** [A-Number]
* **Your Qualifying Relative's Social Security Number:** [Social Security Number]
* **Your Qualifying Relative's Phone Number:** [Phone Number]
* **Your Qualifying Relative's Email Address:** [Email Address]

**Part 3: Information About Your Relationship to Your Qualifying Relative**

* **Describe your relationship to your qualifying relative:** [Describe your relationship to your qualifying relative]

**Part 4: Information About Your Entry into the United States**

* **Date of Entry:** [Date]
* **Port of Entry:** [Port of Entry]
* **How did you enter the United States?** [How did you enter the United States?]

**Part 5: Information About Your Residence in the United States**

* **Describe your residence in the United States:** [Describe your residence in the United States]

**Part 6: Information About Your Employment**

* **Describe your employment history:** [Describe your employment history]

**Part 7: Information About Your Criminal History**

* **Have you ever been arrested or convicted of a crime?** [Have you ever been arrested or convicted of a crime?]
* **If yes, provide details:** [Provide details]

**Part 8: Information About Your Medical History**

* **Have you ever been diagnosed with a medical condition?** [Have you ever been diagnosed with a medical condition?]
* **If yes, provide details:** [Provide details]

**Part 9: Information About Your Financial Situation**

* **Describe your financial situation:** [Describe your financial situation]

**Part 10: Signature and Date**

* **Sign and date the application:** [Sign and date the application]

**Form I-130, Petition for Alien Relative**

**Part 1: Information About You**

* **Your Full Name:** [Your Full Name]
* **Your Date of Birth:** [Date]
* **Your Place of Birth:** [City, Country]
* **Your Current Address:** [Your Current Address]
* **Your Alien Registration Number (A-Number):** [A-Number]
* **Your Social Security Number:** [Social Security Number]
* **Your Phone Number:** [Phone Number]
* **Your Email Address:** [Email Address]

**Part 2: Information About Your Qualifying Relative**

* **Your Qualifying Relative's Full Name:** [Qualifying Relative's Full Name]
* **Your Qualifying Relative's Date of Birth:** [Date]
* **Your Qualifying Relative's Place of Birth:** [City, Country]
* **Your Qualifying Relative's Current Address:** [Qualifying Relative's Current Address]
* **Your Qualifying Relative's Alien Registration Number (A-Number):** [A-Number]
* **Your Qualifying Relative's Social Security Number:** [Social Security Number]
* **Your Qualifying Relative's Phone Number:** [Phone Number]
* **Your Qualifying Relative's Email Address:** [Email Address]

**Part 3: Information About Your Relationship to Your Qualifying Relative**

* **Describe your relationship to your qualifying relative:** [Describe your relationship to your qualifying relative]

**Part 4: Information About Your Qualifying Relative's Immigration Status**

* **Describe your qualifying relative's immigration status:** [Describe your qualifying relative's immigration status]

**Part 5: Information About Your Qualifying Relative's Financial Situation**

* **Describe your qualifying relative's financial situation:** [Describe your qualifying relative's financial situation]

**Part 6: Signature and Date**

* **Sign and date the petition:** [Sign and date the petition]

**Form I-864, Affidavit of Support**

**Part 1: Information About You**

* **Your Full Name:** [Your Full Name]
* **Your Date of Birth:** [Date]
* **Your Place of Birth:** [City, Country]
* **Your Current Address:** [Your Current Address]
* **Your Alien Registration Number (A-Number):** [A-Number]
* **Your Social Security Number:** [Social Security Number]
* **Your Phone Number:** [Phone Number]
* **Your Email Address:** [Email Address]

**Part 2: Information About Your Qualifying Relative**

* **Your Qualifying Relative's Full Name:** [Qualifying Relative's Full Name]
* **Your Qualifying Relative's Date of Birth:** [Date]
* **Your Qualifying Relative's Place of Birth:** [City, Country]
* **Your Qualifying Relative's Current Address:** [Qualifying Relative's Current Address]
* **Your Qualifying Relative's Alien Registration Number (A-Number):** [A-Number]
* **Your Qualifying Relative's Social Security Number:** [Social Security Number]
* **Your Qualifying Relative's Phone Number:** [Phone Number]
* **Your Qualifying Relative's Email Address:** [Email Address]

**Part 3: Information About Your Financial Situation**

* **Describe your financial situation:** [Describe your financial situation]

**Part 4: Signature and Date**

* **Sign and date the affidavit:** [Sign and date the affidavit]

**Supporting Documents**

* **DACA work permit:** This is your proof of deferred action.
* **Birth certificate:** This is proof of your date and place of birth.
* **Passport:** This is proof of your identity and nationality.
* **Qualifying relative's immigration documents:** This could include their U.S. birth certificate, green card, or naturalization certificate.
* **Police certificates:** You will need to provide police certificates from every country you have lived in for at least six months since the age of 16.
* **Medical examination:** You will need to undergo a medical examination by a designated civil surgeon.
* **Financial documents:** You will need to provide financial documents to demonstrate that you can support yourself financially.
* **Photographs:** You will need to submit two passport-sized photographs.
* **Affidavit of Relationship:** This is a sworn statement that confirms the relationship between you and your qualifying relative.
* **Evidence of continuous residence:** This could include utility bills, bank statements, and other documents that show you have been living in the United States continuously.
* **Evidence of good moral character:** This could include letters of recommendation, employment records, and other documents that show you are a person of good moral character.

**Filing the Application**

Once you have completed all of the forms and gathered all of the supporting documents, you can file your adjustment of status application with the United States Citizenship and Immigration Services (USCIS). You can file your application online or by mail.

**USCIS Processing**

USCIS will review your application and supporting documents. If your application is approved, you will be granted lawful permanent resident status (a green card). If your application is denied, you will be given a notice of denial and an opportunity to appeal the decision.

**Interview**

USCIS may schedule an interview with you and your qualifying relative. At the interview, you will be asked questions about your application and supporting documents. You will also be fingerprinted and photographed.

**Green Card**

If your application is approved, you will receive a green card in the mail. The green card will allow you to live and work permanently in the United States.

**Note:** This is a sample adjustment of status application for a DACA recipient. It is important to note that this is a sample document and should not be used without consulting with an immigration attorney.

***

### Adjustment of Status Application for a DACA Recipient

---

#### Table of Contents

1. Introduction
2. Eligibility Criteria
3. Required Documentation
4. Step-by-Step Application Process
5. Legal Precedents and Case Laws
6. Conclusion
7. TLDR

---

### 1. Introduction

Adjustment of status is a process that allows eligible individuals to become lawful permanent residents (LPRs) without having to leave the United States. For Deferred Action for Childhood Arrivals (DACA) recipients, this process can be complex but achievable under certain conditions. This document provides a comprehensive guide on how to draft an adjustment of status application for a DACA recipient.

---

### 2. Eligibility Criteria

To be eligible for adjustment of status, a DACA recipient must meet the following criteria:

- **Inspection and Admission or Parole**: The applicant must have been inspected and admitted or paroled into the United States.
- **Eligibility for an Immigrant Visa**: The applicant must have an immigrant visa immediately available to them.
- **Admissibility**: The applicant must be admissible to the United States for permanent residence or qualify for a waiver of inadmissibility.
- **Favorable Exercise of Discretion**: The applicant must warrant a favorable exercise of discretion by the United States Citizenship and Immigration Services (USCIS).

---

### 3. Required Documentation

The following documents are typically required for an adjustment of status application:

- **Form I-485**: Application to Register Permanent Residence or Adjust Status.
- **Form I-821D**: Consideration of Deferred Action for Childhood Arrivals.
- **Form I-765**: Application for Employment Authorization.
- **Form I-131**: Application for Travel Document (if applicable).
- **Form I-864**: Affidavit of Support (if applicable).
- **Form I-693**: Report of Medical Examination and Vaccination Record.
- **Proof of Identity**: Passport, birth certificate, or other government-issued identification.
- **Proof of DACA Status**: Approval notices, employment authorization documents, etc.
- **Proof of Continuous Residence**: School records, employment records, utility bills, etc.
- **Proof of Eligibility for Immigrant Visa**: Approved immigrant petition (Form I-130, I-140, etc.).

---

### 4. Step-by-Step Application Process

#### Step 1: Complete Form I-485

- **Personal Information**: Fill out your personal information, including name, address, and date of birth.
- **Immigration Information**: Provide details about your current immigration status and history.
- **Family Information**: Include information about your family members, if applicable.
- **Criminal History**: Disclose any criminal history and provide relevant documentation.
- **Signature**: Sign and date the form.

#### Step 2: Gather Supporting Documents

- **Proof of Identity**: Include copies of your passport, birth certificate, and any other government-issued identification.
- **Proof of DACA Status**: Attach copies of your DACA approval notices and employment authorization documents.
- **Proof of Continuous Residence**: Provide school records, employment records, utility bills, and other documents that demonstrate your continuous residence in the United States.
- **Medical Examination**: Schedule a medical examination with a USCIS-approved civil surgeon and submit Form I-693.

#### Step 3: Complete Additional Forms

- **Form I-821D**: If you are renewing your DACA status, complete and submit Form I-821D.
- **Form I-765**: If you are applying for employment authorization, complete and submit Form I-765.
- **Form I-131**: If you need a travel document, complete and submit Form I-131.
- **Form I-864**: If you have a sponsor, complete and submit Form I-864.

#### Step 4: Pay Filing Fees

- **Form I-485**: Pay the filing fee for Form I-485, which is currently $1,140, plus an $85 biometric services fee.
- **Additional Forms**: Pay the filing fees for any additional forms you are submitting.

#### Step 5: Submit Your Application

- **Mailing Address**: Send your completed application and supporting documents to the appropriate USCIS Lockbox facility.
- **Receipt Notice**: After USCIS receives your application, you will receive a receipt notice (Form I-797C).

#### Step 6: Attend Biometrics Appointment

- **Appointment Notice**: USCIS will send you an appointment notice for your biometrics appointment.
- **Biometrics Collection**: Attend the appointment to have your fingerprints, photograph, and signature collected.

#### Step 7: Attend Interview

- **Interview Notice**: USCIS may send you an interview notice.
- **Interview Preparation**: Prepare for the interview by reviewing your application and gathering any additional documents requested by USCIS.
- **Interview**: Attend the interview and answer questions about your application and background.

#### Step 8: Receive Decision

- **Approval**: If your application is approved, you will receive a notice of approval and your green card.
- **Denial**: If your application is denied, you will receive a notice explaining the reasons for the denial and your options for appeal or reconsideration.

---

### 5. Legal Precedents and Case Laws

#### Case Law 1: **Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012)**

- **Parties**: Arrabally and Yerrabelly
- **Outcome**: The Board of Immigration Appeals (BIA) held that leaving the United States under advance parole does not constitute a "departure" for purposes of triggering the unlawful presence bars under INA § 212(a)(9)(B)(i)(II).
- **Relevance**: This case is relevant for DACA recipients who travel on advance parole and seek adjustment of status, as it clarifies that such travel does not trigger the unlawful presence bars.

#### Case Law 2: **Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010)**

- **Parties**: Quilantan
- **Outcome**: The BIA held that an alien who is "waved through" a port of entry is considered to have been "admitted" for purposes of adjustment of status under INA § 245(a).
- **Relevance**: This case is relevant for DACA recipients who were "waved through" a port of entry and seek adjustment of status, as it clarifies that such individuals are considered to have been admitted.

#### Case Law 3: **Matter of Kazemi, 19 I&N Dec. 49 (BIA 1984)**

- **Parties**: Kazemi
- **Outcome**: The BIA held that an applicant for adjustment of status must demonstrate that they are admissible to the United States.
- **Relevance**: This case is relevant for DACA recipients seeking adjustment of status, as it emphasizes the importance of demonstrating admissibility.

---

### 6. Conclusion

Adjusting status from a DACA recipient to a lawful permanent resident is a detailed and complex process that requires careful preparation and attention to detail. By following the steps outlined in this guide and ensuring that all required documentation is submitted, DACA recipients can increase their chances of a successful application. It is also advisable to seek legal assistance to navigate the complexities of immigration law and ensure compliance with all requirements.

---

### 7. TLDR

To adjust status from a DACA recipient to a lawful permanent resident, you must meet eligibility criteria, gather required documentation, complete necessary forms, pay filing fees, and attend biometrics and interview appointments. Legal precedents such as Matter of Arrabally and Yerrabelly, Matter of Quilantan, and Matter of Kazemi provide important guidance for this process.

---

Sources:
- [USCIS - Consideration of Deferred Action for Childhood Arrivals (DACA)](https://www.uscis.gov/DACA)
- [USCIS - Adjustment of Status](https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status)
- [Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012)](https://www.justice.gov/eoir/page/file/1103066/download)
- [Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010)](https://www.justice.gov/eoir/page/file/1103061/download)
- [Matter of Kazemi, 19 I&N Dec. 49 (BIA 1984)](https://www.justice.gov/eoir/page/file/1103056/download)

Draft an adjustment of status application for a DACA recipient

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Draft an adjustment of status application for a DACA recipient