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DAP Forums > DREAM Act > The Lounge

Should i live the US before turning 18 for green card - Page 2

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#11
05-20-2010, 09:55 PM
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Quote:
Originally Posted by DA User View Post
If this person leaves, I thought the 10 year ban applies still.
That's why it is so important to know the current system.Immigration bars are based on the time periods of "Unlawful Presence"."Unlawful Presence" does not begin until the age of 18.If you have accumulated more than 180 days of unlawful presence after reaching 18 you have effectively lost your chance at wiping your slate clean as it relates to immigration benefits.Once a person has reached after the 180 day mark after age 18 the 3 year bar comes into play,and once it reaches 1 year of unlawful presence when you reach your 19th Birthday the 10 year bar then comes into play.

The OP is currently under 18 with a pending petition for permanent residency therefore should not have any issue acquiring the benefit at the US embassy in their country of origin if left before age ~18 1/2.The benefit of permanent residency once acquired at the US embassy showcases the OPs right as a resident of the US to legally enter the US without issue.If they wait any longer the petition could be considered abandoned and will more than likely be illegally in the US for the rest of their lives until Federal laws have changed Comprehensively or Dream act has passed........which is a complete unknown at this point !
Quote:
Originally Posted by ecs1792 View Post
So do you guys recommend me leaving back to Mexico and wait for interview? and i won't be punished....
Also how can i prove that i left before july 1st if i am playing from Tijuana ?
According to the law,you have no immigration bars therefore I see no reason why you shouldn't get the benefit.If you wait too long you could have your petition considered abandoned AND you would then acquire a 3 year bar if over 18 1/2.

I would also suggest flying because it would be reflected in the system that you had left officially AND you would have ticket stubs proving so as well.
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#12
05-20-2010, 10:32 PM
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Ianus, so let me get this straight. My parents just got their legal residence and submitted applications for my three siblings 20, 19 and 14. All from Mexico and entered with visitors visas which are all expired. So the 20 and 19 yr old already have the bar applied to them thus voiding the application or any possible way to adjust?
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#13
05-20-2010, 10:55 PM
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^^That would be a completely different circumstance though.Yes,unlawful presence does apply to the 20 and 19 year old but it does not "void" the applications.USCIS makes an exception to those that have pending applications under the age of 21 whom overstayed their visas and is an immediate relative to a permanent resident parent or US citizen petitioning for their children[generally under 21 for immigration purposes],it is basically an exception to the rule to respect the rights of the person doing the petition.There are many others exceptions such as 245i or Marriage to a US citizen which excuses unlawful presence THUS nullifying the immigration bars.

If you can nullify unlawful presence you can get rid of the immigration bars,but most of what I have mentioned is only possible INSIDE the US.It is the very reason many don't leave AND why US embassies are so strict with regard to letting anyone inside the US because it creates opportunity for permanent stay if applicable and successful.
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#14
05-20-2010, 10:59 PM
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Thank your for the prompt response Ianus.
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#15
05-21-2010, 12:58 AM
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Quote:
Originally Posted by Ianus View Post
That's why it is so important to know the current system.Immigration bars are based on the time periods of "Unlawful Presence"."Unlawful Presence" does not begin until the age of 18.If you have accumulated more than 180 days of unlawful presence after reaching 18 you have effectively lost your chance at wiping your slate clean as it relates to immigration benefits.Once a person has reached after the 180 day mark after age 18 the 3 year bar comes into play,and once it reaches 1 year of unlawful presence when you reach your 19th Birthday the 10 year bar then comes into play.

The OP is currently under 18 with a pending petition for permanent residency therefore should not have any issue acquiring the benefit at the US embassy in their country of origin if left before age ~18 1/2.The benefit of permanent residency once acquired at the US embassy showcases the OPs right as a resident of the US to legally enter the US without issue.If they wait any longer the petition could be considered abandoned and will more than likely be illegally in the US for the rest of their lives until Federal laws have changed Comprehensively or Dream act has passed........which is a complete unknown at this point !
According to the law,you have no immigration bars therefore I see no reason why you shouldn't get the benefit.If you wait too long you could have your petition considered abandoned AND you would then acquire a 3 year bar if over 18 1/2.

I would also suggest flying because it would be reflected in the system that you had left officially AND you would have ticket stubs proving so as well.
Thank you so much, i feel more relief now knowing that i have an opportunity.
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