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#5
07-30-2020, 04:25 PM
Senior Member
From Minnesota
Joined in Nov 2009
5,989 posts
Quote:
Originally Posted by Pootie-Tang View Post
Thanks for the responses! Is 245(i) needed if I last entered the US through AP about 4 years ago? I have accumulated unlawful presence prior to DACA though. Demise - I was over 21 when I applied for my I-130 (applied around November 2015).

Also, looking at the USCIS's page on the 245(i) adjustment, it seems you had to have filed your I-130 prior to 2001. So I wouldn't qualify?
Nope, also AP really helps only in cases where you're an immediate relative of a US Citizen, that is:
Spouse
Parent of a USC aged at least 21
Unmarried child under 21

In your case you'll need to do an I-601A waiver which you can do since you have an LPR Parent.
__________________
LPR these days
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