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Since the arrival of Deferred Action for Childhood Arrivals (“DACA”), there has been much uncertainty about whether this relief should be filed instead of pursing more permanent relief such as a U.S. Permanent Resident Green Card.  The purpose of this short blog article is to answer this question.

One of our clients had experienced severe abuse in her marriage. She had entered the United States at age 9.  Based on the announcement of DACA, she wondered how to proceed.  The abuse suffered in marriage qualified her potentially for Permanent Resident Status based on VAWA (“Violence Against Women (or Men) Act).

Legal Answer:  We recommended that she pursue both legal actions. DACA would allow her to receive more immediate work benefits, and would allow her to renew indefinitely until a change in the law occurred.  However, VAWA also grants work authorization benefits if an I-360 is approved, and subsequent I-485 filed.

Since DACA is so new, pursuing both options will allow a client in this situation to work towards getting U.S. Permanent Resident Status and eventually U.S. citizenship, while DACA potentially is a “back up” which allows a client to safely come out from “underground” and establish legal temporary status in the United States.

If you require a consultation on how to proceed with DACA and also pursue more permanent status in the U.S. , you may contact our immigration law office at info@scottcclaw.com.  Also our office telephone numbers are conveniently listed at www.scottcclaw.com. Our attorneys are standing by to meet with you.

ScottMond Law Firm

Member of the American Immigration Lawyer Association (“AILA”)


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