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Spouse of a Same Sex Married Couple obtains Legal Permanent Residency after DACA

February 12th, 2024

Dear Friends,

We would like to share with you the story of one of our clients who experienced the satisfaction of obtaining the Green Card through a same sex marriage after DACA.

Daniel, from Peru, entered the United States through the U.S. Mexico border when he was 14 years old in July of 2000. He met Brandon in 2008, they fell in love, and got married in 2011. At the time, same sex married couples could not obtain immigration benefits, but the Supreme Court changed that in 2013. Nevertheless, Daniel’s options were limited even as the spouse of a U.S. Citizen, because of his illegal entry to the United States. That all changed when former President Obama announced the DACA program in 2012. The immigration attorneys at FitzGerald Law Company knew that Daniel would be eligible for DACA as long as he satisfied the educational requirement and could show good moral character. By obtaining DACA, Daniel would be able to apply for permission to re-enter the U.S. after traveling abroad. The attorneys knew that having this legal entry would finally open up the pathway to Lawful U.S. Permanent Residency for Daniel.

After obtaining his GED, Daniel satisfied the educational requirement for DACA and his application was granted in December of 2014. Daniel was now authorized to work in the U.S. and was eligible to apply for both a Social Security Number and a driver’s license. More importantly, he could finally travel back to Peru as long as he could show that the travel was for educational, business, or humanitarian purposes. In Daniel’s case, his mother was ill and had an upcoming surgery and Daniel needed to assist her with the recovery. The immigration lawyers at FitzGerald Law Company filed the Form I-131, Application for Travel Document, with USCIS, arguing that Daniel’s need to travel was for a humanitarian purpose.

In 2015, his Form I-131 was approved and he traveled to Peru. Upon his return to the United States, he was paroled into the country, which meant that he now had a lawful admission to the U.S. Daniel and his husband could finally begin the process of obtaining his Lawful Permanent Residency. As a result of being able to enter the U.S. with permission, Daniel could now adjust his status to obtain his residency within the U.S., instead of having to leave the country to process his residency at the U.S. Consulate in Peru.

Shortly before their sixth wedding anniversary, Daniel and his husband attended an interview with an immigration officer. With evidence that their marriage was genuine in hand, the Officer approved the petition. Daniel is now a Lawful Permanent Resident of the United States and eligible to apply for citizenship in 3 years as the spouse of a U.S. Citizen. Less than 5 years after former President Obama announced the DACA program, Daniel’s life has changed dramatically and he and his husband can now live their lives and raise children without any immigration concerns.

If you think we can help you or someone you know in any, immigration criminal or personal injury matter, please call (617) 303-2600 (ext. 0) to schedule an initial consultation.

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Respectfully,

The FitzGerald Law Company Team

Successful track record serving the Massachusetts Community for over 20 years with all their legal needs.