Our client, a citizen of India, had a pending I-485 that was soon to be denied, since she applied as a derivative and the principal beneficiary would be adjusting her status based on a separate petition. Therefore, Attorney Furqan filed a DACA application for her, as she was eligible for it. Attorney Furqan argued though that her pending I-485 did not place her in legal status, since she had to be out of status as of June 15, 2012, per the DACA regulations. The argument was based on INA section 245.1(d), which makes no reference to a pending I-485 as lawful immigration status, as well as the recent 7th Circuit decision that holds that a pending I-485 is not “lawful status,” Chaudhry v. Holder, No. 11-3350 (7th Cir. 2013) (citing 8 U.S.C. § 1101 and 8 C.F.R. § 245.1). The DACA application was thereafter approved.
