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DAP Forums > DREAM Act > The Lounge

Fellow DACA friends. what ya think?

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#1
03-04-2018, 05:33 AM
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Walabe
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hey folks,

I'm a 36 year old DACA recipient. came to america when i was 11 years old while we had working visa soon to be green card in United Kingdom. My father was scouted to a company and was promised visa, and they defrauded my father and that was that... We became undocumented.

Fast forward now. I am married to an international student (I guess you can't pick who you fall in love with) : )

now, I need to make a hard decision before I turn 38, which gives me about 2 years.

Staying in U.S. is no prob, cuz i know deep in my hear that DACA will turn into good stuff.. maybe it will take another 12 years, haha.. but it WILL happen. so that's that. but the prob is my wife. she would need to renew f-1 visa and pay a lot of money for tuition to stay here. Now we have a wonderful 3 month old son together, we are contemplating to get the fuck out of U.S. cuz honestly, it is tiring. But if I go back to my country, then I would need to go to Army. that will be 2 years. But if I wait until 38, then i dont need to go to army, but my wife need to sustain f-1 visa, which again, a lot of money.

So the decision is: should I go back to my country and go to army for 2 years and get that done? and just live a good life?

Or grind it out in U.S. until daca becomes a flower and 10 years later, i can sponsor my wife? haha

what yall think? curious what you will make out of.

and those negative useless commenters, keep your miserable comments to yourself, I'm just curious what people would do in my situation, not your sad love songs of projecting your sorry ass anxiety unto others.

Thank you.
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8 15 2012 sent express to chicago
8 16 2012 arrived
8 28 2012 biometrics appointment received for sept 11
9 28 2012 Approved EAD.
10 04 2012 card arrived
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#2
03-04-2018, 05:43 AM
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Depending on what country your wife is from, she might qualify for an asylum case. Even if she is to be denied the asylum ultimately, she will be able to have an EAD for at least 11 years (the interview takes 2 years to schedule, and if denied you can appeal 3 times which adds 9 years of EAD). However if she is granted asylum and you are married before she has her appointment, you will automatically get a GC. I know this information from having consulted with my lawyer as my gf is currently having an asylum case. She's from Russia, and I have been advised to tie to knot and call it a day, but marriage is something I take more serious than a GC.

In any case you should consult an experienced lawyer to figure out your options.
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#3
03-04-2018, 05:46 AM
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Does your wife have the same nationality as you? Because if not, maybe she could sponsor you for her country and you could go to her country for a few years?

I'm just concerned that getting your wife some sort of legal status seems pretty difficult and as much as we hope that something will pass soon, there are no guarantees and it seems impractical to keep on renewing f-1 visas while waiting for a path to citizenship.
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#4
03-04-2018, 06:03 AM
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Quote:
Originally Posted by jorgeag92 View Post
Depending on what country your wife is from, she might qualify for an asylum case. Even if she is to be denied the asylum ultimately, she will be able to have an EAD for at least 11 years (the interview takes 2 years to schedule, and if denied you can appeal 3 times which adds 9 years of EAD). However if she is granted asylum and you are married before she has her appointment, you will automatically get a GC. I know this information from having consulted with my lawyer as my gf is currently having an asylum case. She's from Russia, and I have been advised to tie to knot and call it a day, but marriage is something I take more serious than a GC.

In any case you should consult an experienced lawyer to figure out your options.
Wtf, that's not how it works -_-

You don't just suddenly apply and then appeal for an automatic 11 years EAD...

* You apply for asylum. Your case goes to Immigration Judge. You get denied.

* You appeal to Board of Immigration Appeals. You need to provide evidence of Immigration Judge's incorrect ruling based on precedents and regulations for BIA to hear the case. You get denied if BIA agrees to hear your case.

* You appeal to Circuit Court. You need to provide evidence of the BIA's incorrect ruling based on precedents and regulations for Circuit Court to hear the case. You get denied if the Circuit Court agrees to hear your case.

* You appeal to Supreme Court. You seriously think you will get to this point...?

The executive and federal court systems do not just hear your case on frivolous arguments, you need to provide clear and convincing case for them to hear your appeal. Otherwise your appeal will be rejected out of hand.
__________________
APPLICATION SENT: 6/28/2013
SERVICE CENTER: CHICAGO
BIOMETRICS: 8/15/2013
APPROVAL: 1/15/2014
Last edited by DreamerSD23; 03-04-2018 at 06:31 AM..
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#5
03-04-2018, 06:24 AM
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Quote:
Originally Posted by Walabe View Post
hey folks,

I'm a 36 year old DACA recipient. came to america when i was 11 years old while we had working visa soon to be green card in United Kingdom. My father was scouted to a company and was promised visa, and they defrauded my father and that was that... We became undocumented.

Fast forward now. I am married to an international student (I guess you can't pick who you fall in love with) : )

now, I need to make a hard decision before I turn 38, which gives me about 2 years.

Staying in U.S. is no prob, cuz i know deep in my hear that DACA will turn into good stuff.. maybe it will take another 12 years, haha.. but it WILL happen. so that's that. but the prob is my wife. she would need to renew f-1 visa and pay a lot of money for tuition to stay here. Now we have a wonderful 3 month old son together, we are contemplating to get the fuck out of U.S. cuz honestly, it is tiring. But if I go back to my country, then I would need to go to Army. that will be 2 years. But if I wait until 38, then i dont need to go to army, but my wife need to sustain f-1 visa, which again, a lot of money.

So the decision is: should I go back to my country and go to army for 2 years and get that done? and just live a good life?

Or grind it out in U.S. until daca becomes a flower and 10 years later, i can sponsor my wife? haha

what yall think? curious what you will make out of.

and those negative useless commenters, keep your miserable comments to yourself, I'm just curious what people would do in my situation, not your sad love songs of projecting your sorry ass anxiety unto others.

Thank you.
Tough decision. It's very hard to ever get back to the U.S. if you go back to your country. You have the 10 year bar + visa backlog (another 10-20 years on top of the bar). You are looking at going back to the U.S. when you're 60-65.

If I were you, I honestly would try to hustle and stick it out in the U.S rather than going to a country that I don't know (I came when I was 8, so I have almost no recollection of my country of origin).

To me it's two choices: Taking a risk in the country I know, or forever condemning myself in a foreign country.

Going to a foreign country at 36 and then living the rest of my life in that foreign country is crazy to me.

I have one life to live, it would seem to be so much of a waste to live it in a place that I am not happy with.

Just my opinion.
__________________
APPLICATION SENT: 6/28/2013
SERVICE CENTER: CHICAGO
BIOMETRICS: 8/15/2013
APPROVAL: 1/15/2014
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#6
03-04-2018, 07:13 AM
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BeansDreamtoo21
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If i was you i would stay.
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#7
03-04-2018, 11:01 AM
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Where is your home country
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#8
03-04-2018, 12:16 PM
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Quote:
Originally Posted by JayR9 View Post
Where is your home country
Seems like maybe South Korea?? They require their men to serve 2 years in the army or maybe I'm wrong. Hmm.
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#9
03-04-2018, 12:18 PM
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I have to say grind it out:
If you go back to your country you will serve military for 2 years (I'm assuming you are from South Korea). However here, you can still workout your career and avoid that 2 years military service. As for your wife, how far is she from finishing her degree in the US? It might be expensive but can she use her OPT and find a job that will sponsor her for working visa?
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#10
03-04-2018, 12:20 PM
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Ok if I were you I would stay and just go through it. A Dream Act will pass. We are very close. Depending on her degree, is there a way your wife can change her visa to a work visa?? I'd say jist wait it out. I know the duration of the wait is long but hey we are all waiting with you.
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