How to Adjust Immigration Status As a DACA Recipient
Get referrals to an immigration attorney., Schedule a consultation., Prepare for your meeting., Ask the right questions., Come up with a plan.
Step-by-Step Guide
-
Step 1: Get referrals to an immigration attorney.
The best way to understand your options is to meet with a qualified immigration attorney who can review your situation and offer tailored advice.
If you don’t know an immigration attorney, then you should seek referrals from the following sources:
Other immigrants.
Ask them if they would recommend their attorney.
If they would, then get the name and contact information.
Bar associations.
These are organizations made up of attorneys.
You can typically get a referral by contacting your local or state bar association.
Visit the American Bar Association’s website for contact information.Another attorney.
You might have hired an attorney to write a will or represent you in a workers’ compensation case.
If so, call him or her up and ask for a referral to someone who specializes in immigration law.
Legal aid.
If you are low income, then you might qualify for legal aid.
Legal aid provides free legal help to people in financial need, and they often provide immigration help.
You can find the nearest legal aid office by visiting the Legal Services Corporation’s website.
At the home page, click on “Find Legal Aid.” -
Step 2: Schedule a consultation.
Once you have the name of an immigration attorney, you should call the attorney and schedule a consultation.
Ask how much he or she charges.
Also ask about acceptable methods of payment.
If you don’t speak English very well, then ask if the lawyer provides translation services or if you can bring a friend.Many immigration attorneys speak Spanish or have someone in the office who does.
Ask ahead of time if they can communicate in your language. , To fully understand your options, an attorney needs to get information about your family situation and background.
You should pull together as much information as possible, including all paperwork related to your immigration history, criminal record, and family.There are many “bars” to adjusting your legal status.
For example, if you let your DACA lapse at some point, then you might be prevented from adjusting your status.
These are the kinds of details the immigration attorney needs to know.
Similarly, if you have a deportation or removal order, then you are limited in your options.
For example, you can’t qualify for “advance parole” to leave the country and re-enter unless you have the deportation order nullified., To find out whether the attorney is a good fit, you should compile a list of questions to ask at your consultation.
Make sure to write them down and take them with you.
For example, you should ask the following:
Check whether the attorney has handled DACA cases.
Immigration law is a big field, and some attorneys focus on only one area.
You should ask the attorney if he or she has handled DACA cases before.
If not, you should seek a different attorney.
Ask how much the attorney charges.
Does he or she bill by the hour? Can you get a fixed-fee agreement? If the fees are more than you can afford, you may need to look to a different attorney.
Find out how the attorney communicates.
You will be anxious to stay updated on the status of your case.
Ask the attorney how he or she updates clients.
Do they call? Send emails? Does an assistant call for them? Also ask how the attorney communicates if you have to leave the U.S. , Your attorney will help you think through your best options.
Since you don’t have a right to an adjustment of status as a DACA recipient, your lawyer will have to carefully go through your immigration history and determine the best path for you to take.
For example, you might have to return to your home country and apply for an immigrant visa at the U.S.
Consulate in your country.
Alternately, you might want to seek asylum, especially if you fear political violence in your home country. -
Step 3: Prepare for your meeting.
-
Step 4: Ask the right questions.
-
Step 5: Come up with a plan.
Detailed Guide
The best way to understand your options is to meet with a qualified immigration attorney who can review your situation and offer tailored advice.
If you don’t know an immigration attorney, then you should seek referrals from the following sources:
Other immigrants.
Ask them if they would recommend their attorney.
If they would, then get the name and contact information.
Bar associations.
These are organizations made up of attorneys.
You can typically get a referral by contacting your local or state bar association.
Visit the American Bar Association’s website for contact information.Another attorney.
You might have hired an attorney to write a will or represent you in a workers’ compensation case.
If so, call him or her up and ask for a referral to someone who specializes in immigration law.
Legal aid.
If you are low income, then you might qualify for legal aid.
Legal aid provides free legal help to people in financial need, and they often provide immigration help.
You can find the nearest legal aid office by visiting the Legal Services Corporation’s website.
At the home page, click on “Find Legal Aid.”
Once you have the name of an immigration attorney, you should call the attorney and schedule a consultation.
Ask how much he or she charges.
Also ask about acceptable methods of payment.
If you don’t speak English very well, then ask if the lawyer provides translation services or if you can bring a friend.Many immigration attorneys speak Spanish or have someone in the office who does.
Ask ahead of time if they can communicate in your language. , To fully understand your options, an attorney needs to get information about your family situation and background.
You should pull together as much information as possible, including all paperwork related to your immigration history, criminal record, and family.There are many “bars” to adjusting your legal status.
For example, if you let your DACA lapse at some point, then you might be prevented from adjusting your status.
These are the kinds of details the immigration attorney needs to know.
Similarly, if you have a deportation or removal order, then you are limited in your options.
For example, you can’t qualify for “advance parole” to leave the country and re-enter unless you have the deportation order nullified., To find out whether the attorney is a good fit, you should compile a list of questions to ask at your consultation.
Make sure to write them down and take them with you.
For example, you should ask the following:
Check whether the attorney has handled DACA cases.
Immigration law is a big field, and some attorneys focus on only one area.
You should ask the attorney if he or she has handled DACA cases before.
If not, you should seek a different attorney.
Ask how much the attorney charges.
Does he or she bill by the hour? Can you get a fixed-fee agreement? If the fees are more than you can afford, you may need to look to a different attorney.
Find out how the attorney communicates.
You will be anxious to stay updated on the status of your case.
Ask the attorney how he or she updates clients.
Do they call? Send emails? Does an assistant call for them? Also ask how the attorney communicates if you have to leave the U.S. , Your attorney will help you think through your best options.
Since you don’t have a right to an adjustment of status as a DACA recipient, your lawyer will have to carefully go through your immigration history and determine the best path for you to take.
For example, you might have to return to your home country and apply for an immigrant visa at the U.S.
Consulate in your country.
Alternately, you might want to seek asylum, especially if you fear political violence in your home country.
About the Author
Dennis Howard
Specializes in breaking down complex practical skills topics into simple steps.
Rate This Guide
How helpful was this guide? Click to rate: