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Breaking News: DACA Under Supreme Court Ruling. What Are Your Options if It's Cancelled?


hi this is Kaushik Ranchod coming to you live and today what we're going to talk about is DACA as you may have heard it's at the Supreme Court and what is the Supreme Court going to do well it looks like the Supreme Court is favoring unfortunately the ending of Dhaka it's unknown yet but the Supreme Court is leading conservative and from the initial feedback that has been out there and it appears that the Supreme Court is looking towards ending DACA but of course we don't know what's going to happen until the final ruling but I want to make sure that you're prepared in the event that if you're on DACA what are your options? Well if you're married to a us

citizen or permanent resident and you only have one illegal entry you may be able to apply for a green card through an i601A waiver so the way that that works is that first an i-130 petition is filed showing that you guys are legally married that you have a real relationship and that usually takes it's ticking them a little bit over six months as of today and those times are always changing they're tending to slow down sometimes we're even seeing it take longer than that and then the next step is filing that i-601A waiver This is the most important part of the actual entire application so the I601A waiver that is where you have to just demonstrate extreme hardship that's not like just mere separation that's very high standard so with the extreme hardship you've got to show that if you're a US citizen or permanent resident relative had to go to your home country or if you were separated that there'd be extreme hardship So the way that we like to do this is by doing this through a legal brief making the arguments based off of your specific situation based off of medical hardship if that's accurate or mental health hardship depending upon whatever your unique situation is country conditions we also look at conditions that may be there for your child although that your child's not what's called a qualifying relative that's like a legal term of art but like your child in of itself doesn't qualify but we can look at how that your child's hardship could affect the qualifying relative's hardship and see how all that ties together to create a case so the extreme hardship is also supported by documentation because you can't just make assertion you got to provide documentation that demonstrates the actual hardship so we work with you and advising on what kind of documents qualify to demonstrate the extreme hardship and then based off of the documents that support the legal arguments we submit that together in supporting your i-601A waiver and then the next step it goes to the NVC after the I601A is approved the NVC process of the next step in the process and that's where you've got to demonstrate that you're not going to be a public charge and that's like the most important part of that NVC process as well as of course completing the DS260 making sure that you don't have any grounds of inadmissibility if you do then you need to talk to lawyer because maybe it's not better to move forward with your i-601A Waiver and then finally you have the interview abroad now we always get this question do I have to go abroad in the I 601 a waiver yes you do have to go abroad however that is only after the i-601 a waiver is approved so the i-601 a waiver is not approved then you don't need to go abroad for the final step of the process and that's where you have the interview before the US embassy so that is one very good option and for you if you're on DACA if you do qualify another option that could be available to you is 245I if you had a petition filed for you a qualifying petition on April 30th 2001 or earlier you may qualify for 245 I and you can actually adjust status and file for a green card in the United States so that's another option another option is a U Visa depending upon if you are a victim of a violent crime and that's violent crimes a term of art so you should contact your office at 916-616-3553 to see if their violent crime is a qualifying violent crime you may qualify for U Visa you also have to have cooperated with the police in that situation though U Visa is taking a very long time it's taking over four years and it's going to continue to slow down but that's another option for you so there are options for you if you're on DACA we don't know what's going to happen hopefully DACA will continue to be available but with the Supreme Court leading conservative it doesn't look like that is going to happen and if you have questions as always call us at 916-613-3553 if you have a video that you want me to talk about a specific area let me know write it in the comments below or you can call us at 916-613-3553 all right thank you for joining me today we will see you next week thanks and have an awesome day

Source: Youtube

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