Highland, CA Immigration Law Firms & Lawyers

Your fiance's approval for DACA does not change anything in respect to his ability to adjust status. If he was inspected and admitted on his last entry into the U.S., and if you are a U.S. citizen, you can file an immigrant petition for him (after the marriage) and an application for adjustment of status. Assuming that your marriage will be real, not just to give him a green card, and assuming that he does not have any disqualifications (like criminal convictions, bad history of immigration law violations, contagious diseases of public significance, association with terrorists, etc.), he should be able to get a conditional green card based on his marriage to you. If you are not a U.S. citizen, or if your fiance was not admitted to the U.S., or if he has any disqualifications, he cannot adjust status - and having deferred action approval does not change that.

B2 Visitor Visa Application. A Visitor Visa will have to be obtained. My firm prepares the application and then sends it directly to the applicant who will then take it to the U.S. Consulate or Embassy for a decision. If done correctly, the issuance of this visa could take less than one month after it is completed. Visitor Visas are quite difficult to obtain.