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DAP Forums > DREAM Act > The Lounge

Can my parent petition me just got approved

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#1
05-30-2013, 04:17 PM
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my dad is going to be a citizen may 2014, he has a green card. My question is can he file a petition since im legal now. He has my name under his case when he filed his case in 1981.

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#2
05-30-2013, 04:21 PM
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Depending on what case you're talking about, you may be eligible for adjustment under 245 i since it was filed before April of 2001.

DACA alone does not confer any legal status, only legal presence.

Why didn't your dad petition you when he first got his green card?
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#3
05-30-2013, 04:39 PM
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Yes your father can petition for you once he becomes a US citizen, in fact he could've the first day he received his green card (as long as you were unmarried). Might be a better idea to petition you now (as long as you're unmarried). You'll be in F2B category for now and will be upgraded to F1 once your father naturalizes - you save a year of waiting this way. *

Since you were a part of his petition in 1981 then you're covered under 245(i) and will be able to adjust status in US without a problem. Another option for you to adjust is to marry a US citizen, or if possible find an employer willing to sponsor you.

If you're married your father will be able to sponsor you once he naturalizes, you'll be in F3 category then. Note that your spouse will not be able to obtain status via you if she herself is in US illegally. You're a grandfathered derivative beneficiary under 245(i), you cannot have derivatives to a derivative.

DACA doesn't affect green card sponsorship in any way.

Also, if you're from Mexico, just be ready for a very long wait. F2B and F1 categories are really backlogged there (20 years). If you're from Mexico I'd recommend looking for an alternate path to adjustment (citizen spouse or work).


* - One giant maybe here is the CSPA retro-activity case. If you aged out due to processing times you could possibly retain the old 1981 priority date for your father's petition (ie. obtain a green card instantly). However the supreme court has to rule on this first.
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Last edited by Demise; 05-30-2013 at 04:52 PM..
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05-30-2013, 05:12 PM
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It would depend on many factors.At the most basic we'd have to know your age

Since you're a derivative of your father's case you would be technically under 245i but we would have to know your age in addition to if married or not to see what FB category you fit in.

Being approved for Deferred action only confers legal presence.Legal status or 245i is required to change status which Deferred action is neither!
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05-30-2013, 05:35 PM
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Quote:
Originally Posted by numanimtiaz View Post
my dad is going to be a citizen may 2014, he has a green card. My question is can he file a petition since im legal now. He has my name under his case when he filed his case in 1981.

Congratz!!!
Not sure about the whole thing but good luck
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#6
05-30-2013, 06:25 PM
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timeline ? -_-
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app sent out : 9/28 /12
form i-797c notice of action: 10/04/12
biometrics appointment : 11/08/12
approval august 28th 2013
waited almost 11 months "only god knows when"
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#7
05-30-2013, 08:40 PM
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the answer is yes however there are a few factors that will determine what visa category you fall into.

1.) has your father filed an I-130 for you yet? or did he list you on his Naturalzation application?
2.) are you under or over 21? VERY important. if you are over 21, then you are no longer considered an "immedicate relative" but an "adult child" of a USC.
3.) what country is your family from? if you're from mexico, the NVC is barely working on applications from 1993.


technically you have no legal status. just protection from being deported if you commit an minor offense.

i'm currently waiting to be approved for DACA and also waiting for a family based visa. My mother petitioned for me back in 2001 and became a USC in 2005.
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#8
05-31-2013, 02:52 PM
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Quote:
Originally Posted by Skycap View Post
Depending on what case you're talking about, you may be eligible for adjustment under 245 i since it was filed before April of 2001.

DACA alone does not confer any legal status, only legal presence.

Why didn't your dad petition you when he first got his green card?
he was planning on it but i would had to return to my country. Since i had no status at all, i was a og alien with no record of entry or existence spy's feared me lol. It was a risk returning back, i could have faced a ban.
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05-31-2013, 02:55 PM
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Quote:
Originally Posted by Demise View Post
Yes your father can petition for you once he becomes a US citizen, in fact he could've the first day he received his green card (as long as you were unmarried). Might be a better idea to petition you now (as long as you're unmarried). You'll be in F2B category for now and will be upgraded to F1 once your father naturalizes - you save a year of waiting this way. *

Since you were a part of his petition in 1981 then you're covered under 245(i) and will be able to adjust status in US without a problem. Another option for you to adjust is to marry a US citizen, or if possible find an employer willing to sponsor you.

If you're married your father will be able to sponsor you once he naturalizes, you'll be in F3 category then. Note that your spouse will not be able to obtain status via you if she herself is in US illegally. You're a grandfathered derivative beneficiary under 245(i), you cannot have derivatives to a derivative.

DACA doesn't affect green card sponsorship in any way.

Also, if you're from Mexico, just be ready for a very long wait. F2B and F1 categories are really backlogged there (20 years). If you're from Mexico I'd recommend looking for an alternate path to adjustment (citizen spouse or work).


* - One giant maybe here is the CSPA retro-activity case. If you aged out due to processing times you could possibly retain the old 1981 priority date for your father's petition (ie. obtain a green card instantly). However the supreme court has to rule on this first.

Thanks a lot for this information, it really helps. I'll be 25 this november, and im from pakistan. Im not married, not planning on marrying for green card. That's the last thing on my mind, my parent can petition me as soon as he gets his citizenship next may or am going to talk to my attorney about what my dad can do if he is holding a green card will that benefit me in any way.
Last edited by numanimtiaz; 05-31-2013 at 02:58 PM..
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#10
05-31-2013, 03:07 PM
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Quote:
Originally Posted by TodoBien View Post
timeline ? -_-
App mailed out 9/24/12
App received 10/2/12
BIO Appointment 11/7/12
Transferred to Nebraska from Vermont 3/13/13
RFE 4/29/13
RFE Mailed out 5/17/13 Fri-express priority
RFE Received 5/20/13 mon
Both App approved 5/30/13
Smashed into a wall due to too much excitement 5/30/13
Couple of stitches to forehead 5/30/13
planning on smashing again 5/31/13



Oh, and the agent name was mr. hazute something i dont know have to look it up on my app. He was asking me my presence from jan 2009-jun 15-2012.

7 affidavits that includes my dad,uncle,barber,restaurant owner,mosque,my boss and most importantly my doctor.
Gym check in history - 2009-2011
passport renewals - jan 2009, 2010 dec, april 2011

i had evidence up to may 2012, hope that helps others. Anything comes in your mind just add it, i had my dads green card attached to his affidavit and my uncles DL attached to his as well. And i only gave my history of stay in NY, even though i lived in georgia for a whole year and had pretty strong evidence from there, worked as an accountant at dealership...la fitness...blood check ect. but on the app i only put addresses from ny.
Last edited by numanimtiaz; 05-31-2013 at 03:25 PM..
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