DACA - Adjustment of status

[Jeddidiah]

Hello I was a daca recipient since 2013, I got married on 2019 to a green card permanent resident and we filed for adjustment of status for me that same year.

I have two different lawyers saying two different things and I was wondering if someone in the same experience can help me out. My DACA was still active when I applied and my priority date is Dec 2019. The following year my Daca expired without having to renew it since my adjustment of status was still in process.

My interview is scheduled this month and I’m worried if the immigration officer will use that against me if my daca expired during the application process for my adjustment of status.
The first lawyer said that I would be fine as long as I applied during the time my daca was still active and the other said that they’ll deny my process since I’m not adjusting from anything anymore and I’m not protected by my expired daca.

Anyone with the same situation or knowledge about the subject can help me out? My wife will be sending her application for citizenship also

[newacct]

In order to be eligible for Adjustment of Status in a category other than the Immediate Relative category (the Immediate Relative category is the spouses, parents, or unmarried under-21 children of US citizens; as the spouse of a permanent resident, you are in the F2A category), you generally must be in status at the time of filing I-485, and must have never previously been out of status in any stay. First, you were not in status at the time of filing because DACA is not a status; it's just deferred action. Second, even setting aside the question of whether you were in status at the time of filing, you were definitely out of status in the past -- one of the eligibility requirements of DACA is that you must have had no lawful status on June 15, 2012, so if you got DACA, you must have been out of status on at least that date. Therefore, you are not eligible for Adjustment of Status in the F2A category (i.e. if your spouse was a permanent resident on the day you filed I-485).

Assuming you entered the US legally, what you could do is wait and file I-485 once your spouse naturalizes to become a US citizen (which happens when they take the oath), at which point you will be in the Immediate Relative category. You can get back on DACA in the meantime.

[SmithB]

Did you read/research requirements prior applying? green card holder is different than us citizen when applying in family category and I am afraid that as far as I know the above poster is correct. Unlawful presence, out of status, illegal work etc. is only forgiven if you are marrying US Citizen not green card holder. I am surprised that usings an any attorney will let you file under this circumstances. May be we are missing something here? I don't know? Keep us updated though I certainly want to know what is going to be the outcome after the interview.

[Jeddidiah]

Thank you.. I came here with h4 and over stayed. As of now I’m thinking of back plans and maybe have a new attorney take over the case and see what they can do to redo the application process.

my last question is since I my daca expired during my AOS application because my attorney said not to reapply for daca is there any way I can have a loop hole to the initial processing for daca and have it renewed instead? My daca expired 2019 and I understand the new rule for the daca initial application and they would only process renewals. Is it worth putting a initial and fight it since my attorney messed up on there end?