DACA to PERM-i-140 through work(EB-2) with i-601a - Anyone else in similar situation?
Hi everyone,
I recently have been notified by my future employer(a medium sized university in New England) that they have agreed to sponsor me for a greencard through the Eb-2 classification. I've spoken to 2 lawyers who believe I have enough for a case to get a i-601a approved. Which means if the i-601a gets approved then I will be doing my final consular interview back in my home country in South America. I know there is a separate thread on i-601a but it seems to be mostly for people with spouses and kids. My situation is that my parents have greencards and so I have to prove extreme hardship for them. I'm just curious if anyone else has been in a similar situation as mine, where they filed a Labor Certification and i-140 through work (rather than a i-130 through family). And also about anyone that has filed the i-601a through their parents, rather than a spouse or children. And if you can share your experience, I would really appreciate it. Thanks again! |
Re: DACA to PERM-i-140 through work(EB-2) with i-601a - Anyone else in similar situat
My understanding is that the hardship waiver based on parents is very difficult unless your parents are completely dependent on you and only you to maintain decent living situation (e.g. illness/disability).
But if two lawyers think you have a case, why not go for it. Sorry if I don't have any illuminating info. |
Re: DACA to PERM-i-140 through work(EB-2) with i-601a - Anyone else in similar situat
Quote:
|
Re: DACA to PERM-i-140 through work(EB-2) with i-601a - Anyone else in similar situat
Quote:
For the most part, USCIS doesn't care at all how you're seeking a green card (DV Lottery, I-130, I-140, I-360, I-526, as the principal or a derivative), they only require you to have an approved and current visa petition when you file I-601A. I have previously worked at a law office and we did quite a few combinations of I-601As. 1. Multiple IR with qualifying relative being the petitioning spouse (USC). 2. F-1 with qualifying relative being the petitioning parent (USC). 3. F-4 with qualifying relative being the mother of applicant (LPR) 4. EB-3 with qualifying relatives being both parents (LPR), in this case we actually had them petitioned by the applicant's USC sister while we were doing his I-140. We also had a few I-601s for other reasons: CIMT waiver connected to a I-526 petition and adjustment of status, qualifying relatives were the principal spouse (LPR) and daughter (LPR) CIMT waiver for a returning resident before an immigration court, qualifying relatives being both parents (LPR) Misrepresentation waiver connected to I-130 by daughter and AOS, qualifying relative being the spouse (LPR) I-612 foreign residency requirement waiver connected to I-130 by the spouse, the qualifying relatives were the spouse (USC) and son (USC) Honestly, unless your relative never had a complaint in their life you can always find something to use. There's a few things to consider: 1. The "extreme hardship" standard isn't insurmountable. 2. You control the narrative, you chose what parts to focus on, you chose which parts to avoid. Yeah you might get an RFE to prove your assertions a bit further but that's kinda it. 3. The standard for evidence is "preponderance of evidence" or in simple English - more likely than not. tl;dr - He'll be fine. |
Re: DACA to PERM-i-140 through work(EB-2) with i-601a - Anyone else in similar situat
Quote:
Thank you! This is very helpful! For the longest time, I've always I thought there would be no hope for me. I've been so surprised of all the options that one has once an immediate relative has a greencard. Thank you for sharing your experiences in the law office you worked in. In all of the experience you had, did anyone have their i-601/i-601a denied? |
Re: DACA to PERM-i-140 through work(EB-2) with i-601a - Anyone else in similar situat
Quote:
At the time I quit most of these were either approved or still pending. We didn't have a single denial. The CIMT waiver for the I-526 guy I think was pending for close to two years and I think that's really the only one that might be denied just because his offense was pretty severe (bribing a judge) and there wasn't anything too compelling with his family, wife and daughter were both healthy, these are investors so they definitely have enough money. We argued quite a lot of things: 1. His offense would've qualified under the petty offense exemption if he received a speedy trial (he spend like 200 days in jail waiting for his trial and was sentenced to time served, literally walked free out of the courtroom once he actually appeared before one) 2. Giving gifts to judges in China is basically seen as customary and the government started cracking down on it ex post facto 3. Risk to his safety and possibly safety of the entire family should they return due to anti-capitalist sentiments still present in China 4. Need for family unity - mutual emotional support, daughter in need of a father figure 5. Desirability of an additional source of income here in US Probably some other minor points. Like this is the only waiver that I did that I have no idea about the likely outcome. USCIS would likely issue an RFE rather than an outright denial so it's likely his case just kinda sat around. Like the problem wasn't exactly the hardship itself we argued, it was what the guy did. If we had this argumentation (except point 1 for obvious reasons) for an I-601A for unlawful presence then yeah it'd definitely be approved. All others I am pretty confident would get approved. |
Re: DACA to PERM-i-140 through work(EB-2) with i-601a - Anyone else in similar situat
Quote:
|
Re: DACA to PERM-i-140 through work(EB-2) with i-601a - Anyone else in similar situat
Quote:
|
Re: DACA to PERM-i-140 through work(EB-2) with i-601a - Anyone else in similar situat
I'm not Demise, but I think you should get an attorney who has experience with that type of waiver. They need to know what kind of proof you need to provide and they need to know how to write a convincing brief. I applied for the 601-A based on my parents, and they're not dying or destitute, but our attorney said we were able to come up with enough reasons as to why I should get the waiver. We'll see in a couple of months if she was right.
|
Re: DACA to PERM-i-140 through work(EB-2) with i-601a - Anyone else in similar situat
Thanks everyone! But you're all totally right. For my peace of mind it's worth it to get someone who has more experience with this.
@NotADreamerPerSe, keep us updated on how it goes when you hear back. I won't be doing mine until late this year, as I still need an i-140 approved. |
All times are GMT -4. The time now is 09:24 AM. |
Powered by vBulletin®
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.