Raul-Sebastian
What are my best options if I am currently attending school while on DACA, want to apply to graduate school and or med school but am not sure if I'll still have it by that time?
My DACA expires in two years, my mother is applying for citizenship sometime relatively soon but we are not sure how long that process will take and by that time my DACA may be expired and I'll be extremely limited on what graduate schools and or med schools I can apply to. #medicine #DACA #biology #graduate-school #immigration #college-admissions #college
6 answers
Jenny Dao
Jenny’s Answer
Hi there! I second Rocio's note above. Your motivation and efforts during a time of uncertainty is really inspiring. Hopefully the below helps.
Grad Schools. You can look up the program or school to see if admissions is "DACA-friendly" before applying.
DACA Program. Because DACA is a form of temporary relief, if you want to go to grad/med school and eventually practice/work in the U.S., your long-term goal would be to obtain permanent resident status (aka a green card) after your mother becomes a U.S. citizen. Because this processes will take some time, remember to file the renewal of DACA well before the current expiration (assuming the process does not change). As of right now, previous DACA recipients may file for renewal of DACA. The earliest you can file for renewal of DACA is 120 days before the current expiration. Because immigration laws and requirements often change, please be sure to seek an attorney's advice or assistance with the renewal application or if you have any questions. There are many free legal clinics / services within each community to assist and advise on DACA renewals. If you need help with finding one when the time comes, please feel free to reach out.
Good luck!
Jenny
Diego Cervantes
Diego’s Answer
If you’re already 21, your ability to get status from your mom will be significantly affected. The biggest hurdle with grad programs will be tuition—no access to loans. Talk to schools about what full-tuition scholarships are available.
I recommend scheduling a full consultation with an attorney because immigration is too complex for a quick answer.
Diego recommends the following next steps:
Rocio Llanos
Rocio’s Answer
Hello Raul! As a fellow DACA recipient, I understand how worrisome it may be to not know what the future holds. However, I'm here to tell you to not give up on your goals and dreams. I also was in college and aspiring to work towards my Bachelor's degree when uncertainty hit me. I decided that no matter what the future held, I would continue to work hard, be an applied student, and give if my best everyday. As I continue with my career and college plan, my immigration situation became permanent, and I was able to continue on with my dreams and goals. My advice to you would be to not give up; the future is uncertain, but the most rewarding feeling is knowing you pursued your dreams and did not give up. Hope this helped!
Chuck Hooten
Chuck’s Answer
If you're not 21 yet and your mom is a Legal Permanent Resident (LPR) of the U.S., perhaps she could file an I-130 right away. If that gets approved (hopefully, rather promptly), then when it does, you would hopefully be all ready to go with a big I-601A packet of documents proving various types of hardship your mom would suffer if you could not get 'forgiveness' (i.e., a waiver) of your "unlawful presence." If the waiver were granted, you would go home presumably for only a little bit, visit the U.S. consulate/embassy there, and return to the U.S. as an LPR.
I would tend to think your mom should file for you soon regardless of your age, although it would be much faster and at least a bit safer for you if you were under 21 still. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-january-2020.html
Also:
You sound like a college student who may be over 21, which may mean that you're at an age when you're dating with a degree of seriousness! If there happens to be a serious relationship with a U.S. citizen or even an LPR and a wedding is in the plans because you genuinely love each other, then that person perhaps could petition for you after marriage. Again, you would need the I-601A waiver -- and you then would have not just one but actually two "qualifying relatives" who would suffer hardship if you couldn't be in the U.S. 'legally' (your LPR mom and your LPR/U.S.Citizen spouse)!
Also, some states, such as Washington, are better to undocumented people/students than other states.
Chuck recommends the following next steps:
Judge David Hoort (Ret'd)
Judge David’s Answer
Matilda Rhoda Matiru
Matilda Rhoda’s Answer
I believe it is important for you to have a consultation with a competent immigration attorney to evaluate all of the facts in your case. Your current age, the age at which you first obtained DACA, your manner of entry into the United States will all need to be factored in to provide you with the best recommendation. Additionally, from your question, it appears that your mother is presently a lawful permanent resident and some information is needed as to when and how she obtained her residency status (to see if you might be able to derive some benefit from this). Also, the attorney will determine whether or not there exists a previous petition or labor certification for your parents under which you could be grandfathered under section 245i of the immigration and nationality act. All of the above could affect your options as to how to best move forward in the shortest time possible. All the best.
Matilda Rhoda recommends the following next steps: