Spousal sponsorship DACA recipient

[DMelanson]

I'm a Canadian citizen that was working in the US under TN status for many years. During this time, I met my girlfriend who is a Mexican citizen with DACA status. We lived together for approx 3 years. During a recent visit to Canada, I was refused entry to the US and deemed inadmissible.

My questions are... How difficult would it be for me to sponsor her to come here and what would that process be like. And secondly, we're aware of the 10 year bar involved with self deportation. This is rather difficult, since all of her immediate family is still there. Are there any ways to overcome this? Perhaps a waiver or advanced parole?

It seems like many things are up in the air currently with regards to the DACA order and the NAFTA agreement. We're also wondering if we should just wait to see the outcome for these.

 

[scylla]

You can certainly sponsor her as your spouse. You would need to sponsor her using the outland process since she is outside of Canada. Provided she is honest about her immigration history and you have plenty of evidence to prove your relationship is genuine - there should be no issues being approved. You'll need to have proof that you've lived together continuously for at least 1 full year so that you can sponsor her as your common law partner.

The 10 year ban will apply as soon as she leaves. There's no way to overcome this. Even if she obtains Canadian citizenship, she will still be banned from the US for 10 years and won't be able to enter for that period (and shouldn't try). So that's something you need to seriously take into consideration when planning your next steps.

I can't answer your last question. That would best be asked on a US immigration forum.

 

[DMelanson]

Thanks for your response scylla!
I don't think there would be any issues with proving the relationship is genuine.

I'm wondering if she's likely need to leave the US for interviews in her come country (Mexico)? Also, I read on another thread about someone who had done the same and seemed to think there was a non-immigrant waiver that could help with the 10 year bar...

@canadiangirl78 - "The 10 year ban is definitely true but you can get a non-immigrant waiver (easier to get than the hardship waiver) and then a visitor's visa in order to visit the US. We will be getting a lawyer for that." - http://www.canadavisa.com/canada-immigration-discussion-board/threads/marrying-an-illegal-in-us-who-is-allowed-to-stay-in-us-wanting-to-sponsor-her.129330/

That's really where the decision becomes a tough one. Not being able to see her parents/siblings for 10 years is a long time.

 

[scylla]

It's possible she may be asked to attend an interview in Mexico. If that happens, the ban kicks in as soon as she leaves the US and she will be unable to return to the US after the interview and will have to wait out the rest of the processing of her application in Mexico.

I've done quite a bit of reading on US immigration forums. From what I've seen, the non-immigrant waivers simply don't happen. The 10 year ban is a 10 year ban - she will be unable to return to the US for the full 10 years.

 

[DMelanson]

Thanks again scylla!
That does make for a difficult decision indeed.

It seems like any waivers are out of the questions.

How about advanced parole? My understanding is that if advanced parole is granted, she would essentially become "documented" upon re-entry, thus erasing the previously undocumented stay. Any truth to this?

 

[scylla]

I don't see your wife meeting any of the advanced parole requirements for DACA (immigrating to Canada doesn't qualify her for AP). Also, advanced parole doesn't guarantee re-entry and the ban may still apply. Here are a few good summary of the complexities:

http://www.nolo.com/legal-encyclopedia/daca-recipients-how-apply-travel-document-advance-parole.html
https://undocu.berkeley.edu/faq/travelling-with-advance-parole-daca/

If you have any further questions regarding DACA or AP, you should really be posting them to a US immigration forum.

You really need to assume that the 10 year ban will apply if she leaves the US.

 

[Alesun]

Hi! I have DACA and me and my fiancé are planning to get our stuff sorted out so we mail out our application in january! Any insight/tips would help tons! I will be updating anyone else in my situation on this thread as well so we can all help each other!

 

[Rob_TO]

Thanks for your response scylla!
I don't think there would be any issues with proving the relationship is genuine.
.

If you aren't married, then you must prove you're legally common-law. This goes beyond just proving the relationship, you must submit evidence that proves you lived together for 12 continuous months. So you will need things like a joint lease/rental agreement, joint bank/credit card account, joint utility account, mail to both delivered to same address, and any other docs with both your names and addresses on it.

If you don't have sufficient proof of cohabitation, then no matter how genuine the relationship is there's a chance of rejection due to visa officer thinking you don't meet the legal definition of common-law.