My son has been granted Deferred Action for Childhood Arrivals (DACA), and I’m taking the citizenship exam this year. Can he change from DACA to a green card by adjustment of status? Is the EB-5 visa the best option for him or should we wait for us to obtain my citizenship to change his immigration status?
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryThere are several new options for DACA kids you need to carefully evaluate. For example, he can obtain an H-1B. How old was he when he entered the U.S.? We are seeing many DACA cases and there is a path for him but the first preference (if single) and third preference (if married) are both backlogged but not EB-5 yet.
Robert Baizer
Immigration Attorneys DirectoryThere is not enough information to answer your question. It really depends on 1) Whether he entered the U.S. with a visa or not. If he entered with a visa, and 2) If he is under age 21, then he can adjust to resident status through your petition after you become a U.S. citizen. Going through the EB5 while in the U.S. is probably not possible if he is DACA.
Robert West
Immigration Attorneys DirectoryYou need more details for a clear answer. Is the son under 21 at the time you become a citizen? Did he enter the US legally, etc... go consult with a competent immigration lawyer where you live.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.