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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
Introduction
Eligibility Requirements
Filing the Application
Supporting Documents
Case Laws
Conclusion
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:
File Form I-485, Application to Register Permanent Residence or Adjust Status: This form is the main application for adjustment of status.
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.
File Form I-864, Affidavit of Support: This form is used to demonstrate that your qualifying relative can financially support you.
Pay the required fees: There are fees associated with filing each of these forms.
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.
Answered by mwakili.com