DREAM Act Portal Forum - Legalization and Immigration Options FAQ

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Originally Posted by rock steady

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Check with your individual country though to see which one is current. Usually, countries like China, India, and Mexico are always backlogged.

Don't forget the Philippines. :D

Yes, the Philippines should be included too.

Thanks, CIR. I'll edit that in later.

Quote:

Originally Posted by h3wlett

fuck answering^....I figured it out. I'm so stupid.

SO F*CKING STUPID OF ME!!!

F*CK!

What's up? Did you just turn 18 1/2? Don't kick yourself. It's not like you were made aware of these laws. It does suck, though.

no, I didn't just turn 18 1/2. I kicked myself because I didn't know about this when I turned 18 1/2.

I also kicked myself because I didn't thoroughly read the rest of the post which answered the question for me.

Just too much stress!

But, I must say, this is a very informative thread. Thanks for posting.

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Scenario 2: I entered legally, but overstayed.

Entering legally means you came here on a valid visa. Even if you came here with a tourist visa, you are considered to have entered legally. If you came here fraudulently, such as if the tourist visa you came in on was under someone else's name, then you are still considered an overstay. Lucky for you, your process will probably be easier than that of someone who entered without inspection, and you will be able to adjust your status in the US.

Now, if you entered legally, then this process will be fairly easily. There is one exception for if you entered on a J1 student visa, in which case you are subject to a requirement to return to your home country for two years. However, you can waive this with an I-612 waiver, which is like the I-601 waiver above, so scroll up if this applies to you, because I'm not going to repeat myself. Other things that might make you inadmissible would be if you are HIV positive, in which case you must file an I-601 waiver. Like with an entry without inspection, your spouse/fiance must make 125% of the poverty level to sponsor you.

First you need to file your I-130 petition and your I-485. In the I-130 you need to prove that your spouse/fiance is a US citizen or legal permanent resident, and in the I -485 you need to prove that you entered legally and are eligible to adjust your status. You can also an I-765 so that while you're waiting on your Green Card, you can work legally and get an SSN/license/etc.

..how long would it take a person that falls under senario 2 to get their residence.. and all of the above when they get married to a citizen or a resident?

I'm going to get some more information this weekend and include it, but in the meantime, I suggest that you look here to see what the timelines were for people who have done it. It will depend on which office you go through. Here are a couple of timelines from people there.

This is from a US citizen and Brazilian spouse who overstayed a B-1 visa:

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2004
September 8 - Applied for AOS in Boston, MA. (I-130, G-325A, I-485, I-864, I-765)
September 18 - Received forms I-797C (AKA NOA) for I-130, I-485, I-765. Notice date is Sep. 15
November 3 - Fingerprints/Biometrics
November 8 - Fingerprints received, processing to continue. E-mail notification
November 12 - EAD approved. E-mail notification.
November 16 - EAD card received in mail.
November 23 - Applied for and received a Social Security Number
November 23 - Massachusetts learner's permit/license received

2005
February 19 - Appointment letter received. AOS interview is May 31, 2005.
May 31 - AOS interview completed in 15 minutes. Went very smoothly. But approval is pending completion of background check.
June 2 - Notified that our application to adjust status is approved
June 9 - We received the Green Card in the mail.

Just so you know, EAD is a work authorization that you can file if you're adjusting status to have until your GC is approved. As you can see, it took them a month to get the EAD, and less than a year for the Green Card.

This is from a US citizen and British spouse who overstayed a tourist visa:

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07/05/07 Sent off AOS Package to Chicago
07/09/07 Chicago received Package
07/20/07 Received NOA receipts for I 130, I 485, I 765,
07/23/07 Received Appointment for Biometrics
08/01/07 Receipt numbers for I-485 & I-130 are finally in system
(so I can check online now) nothing for I-765 as yet.
08/16/07 Biometrics appointment completed
08/17/07 Online Status I-765 in system and I-485 updated
09/13/07 Email received for EAD card Production ordered
09/24/07 EAD card received
09/25/07 Applied for SSN
10/05/07 Received SSN Card
10/18/07 Interview
10/22/07 Approval via Email
10/30/07 Greencard arrives in Mail

Only three months for the Green Card, there.

Anyway, I'm very busy right now, but this week I will expand on the removal of conditions, adjustment of status, and hopefully add to what CIR has posted on 245i.

wow that was fast .. ^^

and thanks for the info =]

Thanks for all the info!!

Here is a GREAT site on 245i

http://www.shusterman.com/245i-faq.html

WTF???? So quickly!! New York must be the worst place to apply for a green card

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Originally Posted by RahmanIV

WTF???? So quickly!! New York must be the worst place to apply for a green card

are you talking about the Visa Bulletin wait time? If you are I think the wait is up to your home country... My family is from the Philippines under the Brother-Sister petition. Right now, they are currently accepting people who filed in 1984... we filed in 1994. =(