Can I apply for deferred action and then still obtain permanent residency through 245i? 8 Answers as of October 08, 2013

I am grandfathered by 245 I and I also qualify for deferred action. Can I apply for deferred action and then still obtain permanent residency through 245i? Can I "combo” these two laws?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If you are protected under 245i why not just adjust through that if the priority date is current? If you cannot for some reason, then you can still obtain EAD through DACA. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 10/8/2013
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
Yes. You can apply for DACA now and then apply for adjustment of status under 245(i) at a later time when you become eligible.
Answer Applies to: Texas
Replied: 10/8/2013
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
You can't combo them, exactly, but you can apply for both if you are eligible for both. Obviously, you will not need the DACA after you get permanent residence.
Answer Applies to: Virginia
Replied: 10/8/2013
Law Office of Eric Fisher | Eric Fisher
If you qualify for adjustment of status under 245i, you should file that application if you can. DACA has nothing to do with adjustment of status.
Answer Applies to: Colorado
Replied: 10/8/2013
Mulder Law office, PA
Mulder Law office, PA | Kyndra L Mulder, Esquire
You may apply for DA while waiting for the 245i. However, I suggest you consult with an experienced immigration attorney before taking any steps. Based on the info you have provided it is not clear why you need to spend the time and money to do both.
Answer Applies to: Florida
Replied: 10/8/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You can file for deferred action. You can also file for permanent residence. Each are different forms of relief that are not dependent upon one another. However, if you are currently eligible for permanent residence, you would be best advised to file for permanent residence as you will get much greater benefits.
    Answer Applies to: New York
    Replied: 10/8/2013
    Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. | David Nachman
    As long as you do NOT have status in the US then you can apply for DACA. DACA should serve to provide you with a "form of status" while you pursue the PERM process. Once the PERM process is approved and the I-140 is approved then you should be able to file for Adjustment of Status in the U.S. under 245(i). There are many nuances associated with the strategy that you are asking about. For example, you may want to double (or triple) check to be sure that you are grandfathered under 245(i). We would highly recommend that you consider speaking to a qualified immigration law professional before undertaking these cases. However, and in response to your query, you are likely to want to pursue the cases in-tandem.
    Answer Applies to: New Jersey
    Replied: 10/8/2013
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