Green card through employer petition?
 

Now that I've been a BSN registered nurse for about 6 months, is it possible to get a green card through employer petition? Are there other ways I could adjust my immigration status with the career I have ?
I have DACA and entered without inspection. Too bad DACA came out when I was 18 because it could've saved me from accruing illegal presence since it doesn't apply to minors. Am I right ?

Re: Green card through employer petition?
 

Yes Jon you are right, only ones that lucked out avoiding any unlawful presence were those that either filed while under 18 or got their approval prior to being 18 and 180 days old.

The employer can petition you in EB-3, only problem is that the only way to go about this would be to get an I-601A waiver and for that you need a USC/LPR Spouse or Parent.

Re: Green card through employer petition?
 

You can't adjust to EB-3 if you are out of status. This is not a I-601A waiver issue. You are unable to adjust. The only way to adjust from out of status is via marriage.

Re: Green card through employer petition?
 

^exactly, unlawful presence isn’t the primary reason you cannot adjust status. You need to have a legal status (non immigrant visa) at the time you apply for the EB-1. Previously, some people under DACA (who had less than 180 days of unlawful presence) could use advance parole as 1) a legal entry with inspection and 2) a lawful status since parole is recognized as a legal status for purposes of adjustment of status.

Re: Green card through employer petition?
 

You would have to have legal presence meaning a non-immigrant/immigrant Visa. Your AP if you got it and used it cures EWI. You could self-deport and attempt to apply in 10 years to come back.

You would still be accruing illegal presence with DACA regardless of what age you got it? I am not sure on that because DACA with EAD does not cure illegal presence What about any family member that is a PR/USC or becoming one in the future? Married to a USC is one possibility and you would need a waiver if you did not have AP with DACA.

You could wait for CIR/Dream Act.

Re: Green card through employer petition?
 

What about aged out Dreamers?

Re: Green card through employer petition?
 

They don’t qualify for DACA.

Re: Green card through employer petition?
 

There's no requirement to be in status if you do consular processing, yes he cannot adjust but stopping there is simply disingenuous as with I-601A he could do consular processing, only difference being needing to fly out and back into the country.

Re: Green card through employer petition?
 

Thanks for the info guys. Sounds risky to adjust if I need to leave the country.

Re: Green card through employer petition?
 

Not really, consular processing will just lowball you questions regarding other admissibility, other than that - yeah it definitely is nervewrecking to leave like that.