Q&A: Fraud & DACA – will it affect my application for citizenship?

We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com

Fraud & DACA – will it affect my application for citizenship?

My parents were given a NTA because of suspected fraud. Since they want to avoid me having to deal with any resulting removal proceedings, they got me a DACA through their derivative petition and I came here legally with that. Next year, I’m hoping to do a bona fide marriage with a US citizen. Also, I have an I-94 which was inspected upon my entry here.

I’m wondering if the suspected fraud case with my parents and my DACA will impact my application for citizenship once I get married to my fiancée. Any advice would really be a great help. Thank you.

Answer: Thank you for asking this question. And right now, I tell you, you have nothing to worry about. Your parents’ case would not, in any way, affect you. The bottom line is you were admitted here in the US with legal papers – which are your visa and passport. That being said, you can already file for a green card. With an experienced immigration lawyer with a good reputation to help you obtain it, you’ll have your green card in around 5 months.

To ease your mind, here are what our laws are saying about your situation:

1) Spouse of US citizens is deemed to be “Immediate Relatives” (“IR”). IRs do not (and are not expected) to maintain valid nonimmigrant status (or any status); AND

2) IRs are never penalized for any previous “unauthorized employment” period(s).

So you have nothing to worry about. Go on with your marriage plans. Good luck and best wishes.


Behar international counsel provides a full-range of immigration legal assistance to our clients. Contact us today to learn how we can help you.
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