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Discover how our immigration attorneys helped a DACA recipient obtain lawful permanent residence through a same-sex marriage to a U.S. citizen after securing a legal entry using Advance Parole.
Obtaining a Green Card after entering the United States without inspection may seem impossible—even for someone married to a U.S. citizen. However, in some situations, the right immigration strategy can create a pathway to lawful permanent residence.
In this immigration success story, the attorneys at FitzGerald Law Company helped a DACA recipient obtain a Green Card through marriage to a U.S. citizen by utilizing a carefully planned strategy that included Advance Parole, Adjustment of Status, and thorough case preparation.
The Challenge: Married to a U.S. Citizen but Without a Lawful Entry
Daniel arrived in the United States from Peru in July 2000 when he was just 14 years old. He entered the country through the U.S.-Mexico border without being inspected by an immigration officer.
Years later, in 2008, he met Brandon, a U.S. citizen. Their relationship grew stronger over time, and the couple married in 2011.
At that time, same-sex couples still faced significant barriers to obtaining immigration benefits. Although major U.S. Supreme Court decisions later expanded immigration rights for same sex married couples, Daniel continued to face a serious obstacle: he had entered the United States without authorization.
Because of that unlawful entry, his options for obtaining lawful permanent residence remained limited despite being married to a U.S. citizen.
How DACA Created a New Immigration Opportunity
Daniel’s situation began to change after the Deferred Action for Childhood Arrivals (DACA) program was announced.
Our immigration attorneys carefully reviewed his case and determined that he could qualify for DACA if he met the educational requirements and demonstrated good moral character.
Following our legal guidance, Daniel earned his GED and gathered the documentation necessary to file his DACA application.
In December 2014, USCIS approved his DACA request.
This approval provided much more than temporary protection from deportation. It also allowed Daniel to obtain:
- Employment authorization
- A Social Security Number
- A driver’s license
- Eligibility to apply for Advance Parole travel authorization
Advance Parole: The Key Step Toward a Green Card
One of the most important aspects of this case involved Advance Parole.
At the time, Daniel needed to travel to Peru to assist his mother, who was scheduled to undergo surgery and required support during her recovery.
Our attorneys prepared and filed Form I-131 with USCIS, demonstrating that legitimate humanitarian reasons existed for approving the travel request.
USCIS approved Daniel’s Advance Parole application in 2015.
As a result, Daniel was able to travel legally to Peru and later return to the United States.
How Advance Parole Changed His Immigration Case
When Daniel returned to the United States using his approved travel authorization, he was lawfully admitted under parole.
Although many people are unaware of the significance of this detail, that lawful admission completely changed his immigration options.
From that point forward, Daniel no longer needed to pursue an immigrant visa through a U.S. consulate abroad in order to seek permanent residence.
Instead, he became eligible to apply for Adjustment of Status inside the United States, significantly simplifying the Green Card process.
For many DACA recipients, a lawful entry through Advance Parole can become a critical factor in obtaining a Green Card through a U.S. citizen spouse or other qualifying immigration category.
Preparing the Marriage-Based Green Card Application
With this new legal opportunity available, Daniel and Brandon began the process of applying for lawful permanent residence.
Our attorneys carefully prepared the documentation needed to demonstrate that the marriage was genuine and had not been entered into for immigration purposes.
Evidence submitted to USCIS included:
- Proof of shared residence
- Joint financial records and tax returns
- Photographs documenting the relationship
- Family documentation
- Evidence showing the history of the relationship over several years
This comprehensive preparation helped establish a strong case for approval.
The USCIS Marriage Green Card Interview
Shortly after celebrating their sixth wedding anniversary, Daniel and Brandon attended their marriage-based Green Card interview.
Before the interview, our attorneys conducted extensive preparation sessions with the couple so they would understand the process and feel confident answering questions.
During the interview, the USCIS officer reviewed the evidence and asked questions regarding the couple’s relationship and shared life together.
Because of the thorough preparation and substantial supporting documentation, it became clear that the marriage was genuine and entered into in good faith.
At the conclusion of the interview, USCIS approved the application.
Result: Green Card Approved
Daniel successfully obtained lawful permanent resident status in the United States.
After years of immigration uncertainty, he was finally able to receive a Green Card based on his marriage to a U.S. citizen.
As the spouse of a U.S. citizen, Daniel may also become eligible to apply for U.S. citizenship after meeting the applicable residency and legal requirements.
Today, Daniel and his husband can live, work, and raise their family with the peace of mind that comes from having secure immigration status.
How the Right Immigration Strategy Made the Difference
This case demonstrates that entering the United States without inspection does not always mean that every immigration option is closed.
Through a carefully designed legal strategy, our attorneys helped Daniel:
- Obtain DACA protection
- Secure Advance Parole travel authorization
- Re-enter the United States legally
- Apply for Adjustment of Status inside the United States
- Obtain lawful permanent residence
Every immigration case is unique, but understanding all available options can significantly affect the outcome of a case.
Need Help Obtaining a Green Card Through Marriage?
For more than 25 years, the experienced immigration attorneys at FitzGerald Law Company have helped individuals and families pursue immigration benefits in the United States.
Whether you are a DACA recipient, married to a U.S. citizen, seeking Adjustment of Status, or exploring your immigration options, our legal team can evaluate your situation and help you develop a strategy tailored to your goals.
Call at (617) 523-6320 or contact us online to schedule an initial consultation to discuss your immigration case with an experienced immigration attorney in Boston.
