Family Petition and the Dream Act - Page 2

Originally Posted by Nutcase

I've read somwhere in this website that those who are going through the legalization process through family petition can't benefit from the Dream Act, is that true? My parents just got their permanent residency so I can pursue that option through 245i while being in the US but I am worried that I might be shutting myself out of the Dream Act option. It is especially worrisome because I am above 21 and it will take many years for me to get legalized through family petition.

Originally Posted by dreamy14

Here's to answer your question:
From my understanding when I read the bill, you can only apply to either one because only one will go thru. Basically, if you already have other petitions to change you're status....thru family, or fiance, or business, etc....DA will no longer be an option for you because you already have other petitions pending. Same way with DA....if you file thru this, it hinders/blocked all other application once it is processed. That's why some dreamers are weighing the option of either marriage (if they have this option) or DA depending on which way is better.

Right now, with DA still yet to be voted, you only have one option...family. My advice, seek an immigration lawyer and ask him what is the best way to go. They will help you for sure.

Good luck.

Originally Posted by dreamy14

Here's to answer your question:
From my understanding when I read the bill, you can only apply to either one because only one will go thru. Basically, if you already have other petitions to change you're status....thru family, or fiance, or business, etc....DA will no longer be an option for you because you already have other petitions pending. Same way with DA....if you file thru this, it hinders/blocked all other application once it is processed. That's why some dreamers are weighing the option of either marriage (if they have this option) or DA depending on which way is better.

Right now, with DA still yet to be voted, you only have one option...family. My advice, seek an immigration lawyer and ask him what is the best way to go. They will help you for sure.

Good luck.

Originally Posted by minus

Wrong... It doesn't matter if you have pending petition. I have several family petitions and consulted a lawyer about this issue already.

Originally Posted by Nutcase

Thank you for the clarification. That's what I've been hoping to figure out.

Originally Posted by Dream becomes Reality

Just to add to what some posters have already said, I personally think that as long as you haven't reached the point where you petition is current AND you'd have no problems adjusting status (i.e. you qualify for 245i/ don't need 245i and there are no other problems that are out of the ordinary that will hinder your application from going through apart from maybe some usual paperwork issues that can easily be clarified), then you should be able to apply through the DA if it passes.

However, if you are far into the Adjustment of Status process and everything is expected to go well then I don't think you'll even need to apply throught the DA, you might as well complete your Green Card process through the family category and get on with your life, plus you'll get your citizenship within about 5 yrs if through a relative that isn't a spouse, rather than 15 yrs with the DA.

It all depends on where your paperwork is right now...