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DAP Forums > DREAM Act > The Lounge

Provisional unlawful presence waivers for children of LPRs and USCs

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#1
11-21-2014, 04:31 AM
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yurchie
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This is actually really important for those of us who have LPR (green card holder) or USC parents but who have turned 21 and are no longer considered immediate relatives. The new executive action classifies all children of LPRs and USCs as immediate relatives, not just minor children.

It's really good news for those of us who were going to use AP for consular processing and were unsure if it would work. Now we won't need to do that because we can get a waiver.

The definition of "extreme hardship" is also changing to be less restrictive, which means it will be easier to get a waiver.

This practically eliminates the chances of 10 year bars being issued for most people with unlawful presence and approved I-130 petitions and current priority dates, i.e., a visa is available.

FYI.

Waiting for confirmation from official sources in the next few months.

I am not a lawyer so don't quote me.


http://www.uscis.gov/immigrationaction#3
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Last edited by yurchie; 11-24-2014 at 05:25 AM..
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#2
11-21-2014, 05:02 AM
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Do EWI still have to leave the country?
Last edited by danieltij; 11-21-2014 at 05:05 AM..
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#3
11-21-2014, 09:37 AM
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Quote:
The new executive action classifies all children of LPRs and USCs as immediate relatives, not just minor children.
where the heck did you read this?? This is not what they said. I wish it was true.
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AOS Package sent: NBC, 09/08/16, Received: 09/10/16, I-797 Receipts: 09/19/16, Biometrics Date: 10/03/16, EAD/AP Approved: 11/15/16 EAD RECEIVED: 11/22/16 Interview: 06/20/17 GC approval: 06/20/17

-----Philippians 4:13!!!!
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#4
11-21-2014, 11:20 AM
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Quote:
Originally Posted by yurchie View Post
This is actually really important for those of us who have LPR (green card holder) or USC parents but who have turned 21 and are no longer considered immediate relatives. The new executive action classifies all children of LPRs and USCs as immediate relatives, not just minor children.

It's really good news for those of us who were going to use AP for consular processing and were unsure if it would work. Now we won't need to do that because we can get a waiver.

The definition of "extreme hardship" is also changing to be less restrictive, which means it will be easier to get a waiver.

This practically eliminates the chances of 10 year bars being issued for most people with unlawful presence and approved I-130 petitions.

FYI.

Waiting for confirmation from official sources in the next few months.

I am not a lawyer so don't quote me.


http://www.uscis.gov/immigrationaction#3
I'm abit confused? So what your saying is for example "I'm 21 about to turn 22 and my mom is a LPR and she wants to petition me to get a green card, I would be considered a Immediate relative??
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Initial DACA Applicant-Date delivered: 9/04/2014 (Nebraska Service Center) Biometric Walk-In: 9/26/2014 Case transferred to (California Service Center): 10/?/2014
I-821D (12/18/2014 APPROVED!!!)/I-765 (12/18/2014 APPROVED!!!) Approval Letters received (12/23/2014) EAD Card received (12/29/2014)
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#5
11-21-2014, 02:29 PM
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I dont think this is true. The op has it wrong.
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#6
11-21-2014, 02:37 PM
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Quote:
Originally Posted by dario View Post
I dont think this is true. The op has it wrong.
O ok that's what I thought thanks.
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I-821D (12/18/2014 APPROVED!!!)/I-765 (12/18/2014 APPROVED!!!) Approval Letters received (12/23/2014) EAD Card received (12/29/2014)
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#7
11-21-2014, 03:34 PM
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Check the link I posted.
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#8
11-21-2014, 03:35 PM
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Quote:
Originally Posted by AlexanderMQ View Post
I'm abit confused? So what your saying is for example "I'm 21 about to turn 22 and my mom is a LPR and she wants to petition me to get a green card, I would be considered a Immediate relative??
Yes...

Quote:
Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens
That means all sons and daughters of LPRs and USCs; not only minor children.
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#9
11-21-2014, 03:39 PM
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Quote:
Originally Posted by danieltij View Post
Do EWI still have to leave the country?
well if yo do the waiver and its approved you still have to go down to your country for the interview/ medical exam.
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#10
11-21-2014, 04:26 PM
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Quote:
Originally Posted by yurchie View Post
Yes...



That means all sons and daughters of LPRs and USCs; not only minor children.
Really?! So I can have my mother "she is a green card holder" to petition a I-130 I-485 ect.. for me this year and I'll be considered an immediate relative?!!? Just wanna make sure that this is true.i haven't read anywhere on there site saying that being petitioned by a LPR(green card holder) will now be considered a immediate relative?
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Initial DACA Applicant-Date delivered: 9/04/2014 (Nebraska Service Center) Biometric Walk-In: 9/26/2014 Case transferred to (California Service Center): 10/?/2014
I-821D (12/18/2014 APPROVED!!!)/I-765 (12/18/2014 APPROVED!!!) Approval Letters received (12/23/2014) EAD Card received (12/29/2014)
Last edited by AlexanderMQ; 11-21-2014 at 04:44 PM..
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