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DAP Forums > DREAM Act > The Lounge

Sibling sponsoring Daca?

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#1
06-05-2021, 03:45 AM
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JayR9
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https://www.google.com/amp/s/www.sup...61c841bb0.html

This says we can be sponsored by our us citizens sibling? I thought that was impossible.
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#2
06-05-2021, 11:17 AM
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Joined in Nov 2009
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Quote:
Originally Posted by JayR9 View Post
https://www.google.com/amp/s/www.sup...61c841bb0.html

This says we can be sponsored by our us citizens sibling? I thought that was impossible.
I mean getting sponsored (i.e. someone files I-130, I-140, I-360, or I-526) is the easy part. It's getting adjustment of status or an immigrant visa via consular processing that's the hard part.

In this particular case, is it doable - yes, as long as one of your parents entered US legally. Sibling petitions parent, parent gets to AOS because it's an Immediate Relative case, parent and/or sibling petitions you, you wait for priority date to become current in F2B or F4, you file I-601A using an LPR/USC parent as your qualifying relative, I-601A approved, you do consular processing.

You pretty much cannot adjust in US after an overstay except in some limited circumstances:
IR petition (requires legal entry)
Cancellation of Removal
VAWA
SIJ
Some special immigrant categories that are too numerous and contain too few people to bother listing.

Since you cannot adjust in US, you have to do consular processing, but unless you never accrued unlawful presence in US (e.g. got DACA while under 18 + 180 days), you would get a 10 year re-entry bar, which is where the I-601A comes into play.

I have worked on a pretty convoluted case previously where we basically chained a bunch of applications: EB-3, client and wife are overstayers, parents are living abroad, sister is a USC. We had the sister petition for the parents, parents got their green cards, we used the parents for client's I-601A, he got his immigrant visa, then we used the now LPR client as a qualifying relative for the wife.
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LPR these days
Last edited by Demise; 06-05-2021 at 11:20 AM..
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#3
06-06-2021, 11:18 PM
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Joined in Sep 2016
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JayR9
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Quote:
Originally Posted by Demise View Post
I mean getting sponsored (i.e. someone files I-130, I-140, I-360, or I-526) is the easy part. It's getting adjustment of status or an immigrant visa via consular processing that's the hard part.

In this particular case, is it doable - yes, as long as one of your parents entered US legally. Sibling petitions parent, parent gets to AOS because it's an Immediate Relative case, parent and/or sibling petitions you, you wait for priority date to become current in F2B or F4, you file I-601A using an LPR/USC parent as your qualifying relative, I-601A approved, you do consular processing.

You pretty much cannot adjust in US after an overstay except in some limited circumstances:
IR petition (requires legal entry)
Cancellation of Removal
VAWA
SIJ
Some special immigrant categories that are too numerous and contain too few people to bother listing.

Since you cannot adjust in US, you have to do consular processing, but unless you never accrued unlawful presence in US (e.g. got DACA while under 18 + 180 days), you would get a 10 year re-entry bar, which is where the I-601A comes into play.

I have worked on a pretty convoluted case previously where we basically chained a bunch of applications: EB-3, client and wife are overstayers, parents are living abroad, sister is a USC. We had the sister petition for the parents, parents got their green cards, we used the parents for client's I-601A, he got his immigrant visa, then we used the now LPR client as a qualifying relative for the wife.
Thank you!
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