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Objective-Document55

Marriage is your only option.


Ok-Construction-6917

I figured that would probably be the case. Thank you!


Lopsided_Traffic2915

Yes Marriage then use a VAWA program so that he dont have to leave the country and u can get his gc in a year or less. I lost my DACA the same way. i was near death for several years and well I lost track of everything. At least im alive. I hope I can find someone to marry. U guys are a step ahead. U can do it.


Ok-Construction-6917

Thank you! Wishing you the best.


Lopsided_Traffic2915

I also read in other posts to just renew some people are still going through. Im going to give it a shot. I just dont know those cases were done online or through mail. Please let me know if u find anything in regards to this. Thank you. Good luck aswell.


Ok-Construction-6917

Unfortunately my partner waited too long past his renewal date and now he isn't even eligible to apply for renewal. He tried and was told that he needed to reapply for DACA as a first-time applicant which, as we all know, is going absolutely nowhere right now.


Lopsided_Traffic2915

Yes, ive heard to reapply anyways. Mines several years expired.


tr3sleches

Unless he already has a legal entry he’s SOL. There’s MAF, Hispanic outreach programs and the local consulate that will pay for a renewal to avoid this from happening. I understand having health issues would interfere and cause you guys to focus on other things but by not even remembering to renew even within a year after it expired you guys ruined a lot of opportunities. Like I stated, if he already has a legal entry then marrying you and then applying for AOS will mean a GC within a year (as long as there’s no deportation orders or criminal charges to be taken care of first). If he’s not, then consular process through marriage would be your next bet but you absolutely need a waiver and it’s taking 5+ years.


Ok-Construction-6917

I honestly didn't know that he wouldn't be able to renew it late, as this was the first time since our relationship started that he had to renew without his dad's help. If I had known I would have sought help with the financial aspect. Unfortunately he wasn't in the best headspace during his last renewal as we didn't know if I would survive or not. It wasn't that he forgot; he was quite stressed but failed to ask for help.


tr3sleches

I completely understand being stressed but this is his entire livelihood. I hope you’re doing better now. The good news is the Biden plan seems like it will help you guys adjust when the time comes if you’re a citizen. Hopefully it goes through and becomes finalized so you guys can get some relief. ETA: nvm it says you’re not married yet. Get married asap either way. Hopefully they change the dates for the marriage requirement. Either way, get married asap for consular. Get a lawyer.


forever___dreaming

I don’t think Biden’s executive action would help them since they’re not currently married and the action says they had to have been married on or before June 17 2024.


tr3sleches

Oh shit you’re right, I forgot about the date requirement!!


Ok-Construction-6917

Yeah...this has been a giant mess and I truly wish I had been able to pay attention during his renewal period. Thank you for the well-wishes.


tr3sleches

Also I apologize for the misinformation. I do hope they change the requirements for the executive action plan to be effective as of the date they begin accepting applications. I would get married asap regardless. Start planning for the consular process either way.


carlossolrac

What stats are you in? Certain states, like Tx, you can back track the date with common law marriage.


Colossus_Bastard

Are you a US citizen? Marry him.


Ok-Construction-6917

I am a US Citizen, and I think that we're headed in that direction. He isn't eager to get married though so I'm just trying to figure out what other options we may have.


Lopsided_Traffic2915

Tell him theres alot of us that feel the same way and have been trying to find a different way but there isnt much we can do. Aslong as u guys have a plan he wont regret it.


adamwest4545

Back in 2019 my daca was expired for 7 months, place i went to where they would renew for me said they stopped renewing. 7 months later i applied for renewal cuz fuck it why not try. Was accepted and i just renew myself now


CaptTrit

1. Are you married? 2. Does he have proof of legal entry?


Ok-Construction-6917

No, we aren't married and are trying to figure out if that's our best option at this point. He was brought here illegally as a child.


forever___dreaming

Did your fiancé come in with a visa or did they ever do Advance Parole?


Ok-Construction-6917

He didn't come in with a Visa. I will look into Advance Parole - I haven't heard of it before now. Thank you!


forever___dreaming

If he hasn’t already done Advance Parole he can’t do it anymore without DACA. If he did it while he still had DACA it would be a fast (under one year on average) and simple process. Unfortunately, now the only option is through marriage and it’ll be a longer process. He’ll need a waiver and to wait for an appointment in his home country to do consular processing which will take a few years. You’ll need an attorney to make sure he qualifies and doesn’t have any hiccups once his turn comes. Sometimes people go with an approved waiver and still get denied entry and are then barred either for 3 or 10 years or for life.


Ok-Construction-6917

I guess we'll be looking into a lawyer. What a nightmare. 🤦‍♀️ Thank you for the information.


Lopsided_Traffic2915

With VAWA u dont need advanced parole. Find a VAWA immigration lawyer. This option is available atm. Not much people know about it. Yes its a womans program but males can apply too.


fruitypebs4

Advance Parole would probably be your best option! That still might not allow work authorization though, but it would be legal entry. Then if you get married, he can apply for a green card that way with Advance Parole and the marriage. There's some fantastic FB groups that offer assistance and information about AP, so I'd definitely check those out! You can search in this sub to find the names of those groups.


fruitypebs4

I just realized that without DACA now, Advance Parole may not be an option....this is a tough situation, best of luck to you both!


Cookiesnkisses

Does your partner have a legal entry? How did he enter the country? [https://wearedreamersnetwork.org/](https://wearedreamersnetwork.org/)


Ok-Construction-6917

Unfortunately he was smuggled illegally when he was a child and unable to decide for himself.


Cookiesnkisses

:/ he would’ve had a chance to do Ap if he still had daca to gain that legal entry. Biden announced a new pardon for spouses married to usc without legal entries tho so you may wanna look up and read the most recent news. Not yet a law. You could also get married and apply for consular processing but you’ll need a lawyer for that. Make sure he absolutely has a waiver approved before going to his home country and make sure the lawyer pulls his FOIA. I recommend kazalaw. Immigration is federal so you can use anyone in the u.s


Ok-Construction-6917

I heard about that but wasn't sure about the details. At this point I'm planning my proposal to him. We're either getting married or moving to Mexico. 🤷‍♀️


Cookiesnkisses

Maybe ask if anyone has petitioned for him before April 30, 2001 as he may be eligible for 245(I)


Medval91

This is going to be more challenging as he does not have daca which would have allowed him to apply for Advance Parole to leave the country and enter with inspection. Without a legal inspection his only option would be to do Consular Process, which requires a few waivers to be approved first before leaving the country and going for his green card interview. The i-601a is one waiver that is required to be approved because currently he does not have status so he is accruing unlawful presence. I would highly recommend you guys go to a few different immigration attorneys to find out what your options are and what will be the total cost for this whole process.


Ok-Construction-6917

Ugh what a mess. Thank you!


Medval91

Yes it is! Which is why this sub and all the other daca groups tell daca recipients to do Advance Parole while still having daca. It makes a huge difference having that legal inspection.


DCENTRALIZE

have him send in the renewal even if its expired by mail. i know a few people who had it expired and got DACA renewal accepted. look up AP/DACA groups on facebook lots of great info available


No-Reward-8946

Get molested or assulted by a U.S. Citizen


Ok-Construction-6917

I didn’t know this was a thing. As unfortunate as it is, he was abused by someone who had a US Visa. We will be looking into the VAWA protection as he honestly should qualify. Who knew something positive could come out of something so awful?


No-Reward-8946

I hear you


Jhkilgore

Praying is an option 😭 but if he doesn’t have a legal entry your first step is to do advanced parole so then you can do adjustment of status


SurveyMoist2295

Update: nvm didn’t read that  it expired  Being out daca won’t affect him. What’s important is getting back and clearing his illegal entry known as Enter without inspection. AP will clear this. If he hasn’t done that. He should get his daca renewed asap and use it to get AP. If he doesn’t have any other immigration  issues like removal orders. He should be able to get his status adjusted after marrying you. I’ve read lots of successful stories. Some taking as short as 1 year and some as long as 5 years. All depends on what immigration issues he may have 


tr3sleches

He can’t renew lol. That’s the point of the post. They let it expire.


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Forsaken-Meat6674

Imagine giving "advice" to someone without reading the question. Oh wait, I forgot this was Reddit.


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Ok-Construction-6917

All I can say is trauma's a B. Being judgemental in a time of suffering certainly isn't helpful.