can DACA recipient adjust status through EB5 ?
 

Good evening boys and girls,

quick question can DACA recipient adjust status through EB5 ? i entered United States legally, but over stayed. Thank you.

Re: can DACA recipient adjust status through EB5 ?
 

I think so, but check with a lawyer!

Re: can DACA recipient adjust status through EB5 ?
 

Only if you have no illegal time. Otherwise forget about it.
More than a certain amount of illegal time

Re: can DACA recipient adjust status through EB5 ?
 

I googled around little bit, the consensus is a No. but like you guys said, i need to check with a laywer. Thanks and happy new year.

Re: can DACA recipient adjust status through EB5 ?
 

Almost NOTHING can fix our status EXCEPT

1. Marriage

or

2. Comprehensive reform via Congress

Re: can DACA recipient adjust status through EB5 ?
 

Now hold on a bit it's possible for him to get something via employment.
He would have to be admissible
No ewi
No illegal time or bar
Has to go back
Not Indian

It's possible, not saying easy, but it can be done
Get a lawyer.

Re: can DACA recipient adjust status through EB5 ?
 

I think it is possible, if you are covered under 245i. Demise is more knowledgeable than me on this topic and can confirm.

Re: can DACA recipient adjust status through EB5 ?
 

EB-5 is basically the same as any other employment category. So there's basically 3 ways to proceed.
1. 245(i) grandfathering
2. Applying for DACA before turning 18 (since you wouldn't have unlawful presence, you could leave, do consular processing, get your immigrant visa, and return).
3. I-601A waiver

Re: can DACA recipient adjust status through EB5 ?
 

Thanks for all the replies you guys. @Demise for I-601A waiver, don't I have to return to my home country and wait for this ? thanks.

Re: can DACA recipient adjust status through EB5 ?
 

No, I-601A you file while in US and if approved you travel out, pick up your immigrant visa, and return.