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DAP Forums > DREAM Act > The Lounge

HELP! green card through section 13

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#1
02-16-2011, 08:47 PM
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larere1
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I entered the United States as G1 status (my mom worked at the United Nation) but my mother's contract ended in 2003 and is no longer working at the U.N. which means I am illegal in the U.S.
I am over 21 years old and I found this, found a lawyer that informed me that I can apply for this but I'm still skeptical about this. My parents aren't going to apply because my sister is filing for them next year. But since I am overage, I won't be included. The dream act is my only hope OR THIS?
my I-94 says NO D/S though
what do you think? should I file or would I get denied and get deported? :*( This is an asylum and my parents told that I will get deported and also them and it would ruin their application for next year?? I need help! PLEASE? I already paid the lawyer to file and all I have to is sign the paper and give it to INS, but my parents are scared. I know that I won't get the green card but just the work permit is all I need.

http://www.uscis.gov/portal/site/usc...00082ca60aRCRD
Section 13 of the Immigration and Nationality Act (INA) of September 11, 1957 was created by Congress to allow individuals who entered the United States under diplomatic status to obtain a green card (permanent residence).
Eligibility Criteria


You may be eligible to receive a green card under Section 13 if you can establish that:

* You entered the United States as an A-1, A-2, G-1, or G-2 nonimmigrant
* You failed to maintain your A-1, A-2, G-1, or G-2 nonimmigrant status
* Your duties were diplomatic or semi-diplomatic
* There is a compelling reason why you or your immediate family cannot return to the country which accredited you as a diplomat
* You are a person of good moral character
* You are admissible to the United States for permanent residence
* Granting you a green card would be in the national interest of the United States

Application Process


To apply for a green card (permanent residence) under Section 13 provisions, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status.

Supporting Evidence for Form I-485
The following evidence should be submitted with Form I-485:

* Two passport-style photos
* Form G-325A, Biographic Information, if you are between 14 and 79 years of age
* Copy of birth certificate
* Evidence that you were admitted as an A-1, A-2, G-1, or G-2 nonimmigrant
* Form I-566, Interagency Record of Request
* Form I-508, Waiver of Rights, Privileges, Exemptions, and Immunities
* Form I-693, Report of Medical Examination and Vaccination Record
* Applicable fees
* Any affidavits or other evidence that you wish to submit
* You will also be requested to submit a sworn statement at your interview


Work & Travel Authorization


Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, see the “Work Authorization” and “Travel Documents” links to the left under “Green Card Processes & Procedures.”
Last edited by larere1; 02-16-2011 at 08:50 PM..
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#2
02-16-2011, 09:19 PM
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iNeverHadAChance
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Wow if this is true, you're so lucky.

This is the 1st time I've heard of this but just want to inform you to ask multiple lawyers before settling with 1 lawyer to make sure he's not scamming you.
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#3
02-16-2011, 09:25 PM
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Thank you so much for the reply. I will ask multiple lawyers.

My parents are telling me that I will get 100% denied and I will get deported plus them, but I just don't see how and why.
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#4
02-16-2011, 09:53 PM
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I actually agree with the parents,what the lawyer is saying is accurate that you can APPLY but it is certainly not the same thing as being approved for the benefit in question.

Did you actually read the forms associated with the benefit in question ?

The last requirement is what makes it absolutely difficult.

"Granting you a green card would be in the "national interest" of the United States "

You're basically asking the US to grant you a green card under the 'National interest waiver' rules.
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#5
02-16-2011, 10:04 PM
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Thank you for the reply. I know the last part made it difficult.

According to the lawyer (he is very well-known in the United Nation offices and handled many cases under Section 13), that I would be able to receive EAD and travel permit within three months, but the green card would take YEARS (more than 6 years or MORE) and he could file an appeal if my case was denied since I've been in the U.S. for more than ten years?
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#6
02-16-2011, 10:14 PM
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Did your lawyer actually say,"he could file an appeal if my case was denied since I've been in the U.S. for more than ten years? "

Then I would certainly step away in that scenario considering you must have immediate legal family relatives if he is talking about Cancellation of Removal.
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#7
02-16-2011, 10:22 PM
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Yes he did, but assured me that denial of this is very RARE and never happened to any of his cases.

step away from filing this? Oh God, I feel like my dreams have been shattered
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#8
02-16-2011, 10:49 PM
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I honestly can't tell you how many dreamers have come on here in which they mentioned lawyer (A) could do this and screwed it up,and then went to lawyer (B) to fix what Lawyer (A) did only to be told it is too late and nothing can be done at this point.

US residency is a mainly one shot deal,if you don't get it you revert back to your prior status.Considering that, it would mean an NTA[Removal proceedings] is issued IF the benefit in question is denied.I would highly suggest requesting some sort of DHS statistic showcasing that these particular cases are hardly denied.I think you are too easily sold on this and should ask for solid proof to back up what they are saying,in addition seek at least a tertiary opinion.

If you need help,I'm sure some here would be more than willing to help you understand the process m0re in depth including myself.

I think you should step away from filing anything for the time being and educate yourself on what you're actually filing and make 100% sure you understand everything no matter how long it takes.The proof is always on the applicant that they actually qualify for the benefit in question...at the end you don't see lawyers being removed from the US when they have lost a case !!!!!
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#9
02-16-2011, 10:53 PM
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A friend of my aunt received his EAD and travel permit from filing under section 13 through the lawyer within two months, but his I-485 is still pending and his application won't be touched until God knows when.

Then again, I should really make sure that this is 100% sure.

Really appreciate you helping me!
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#10
02-16-2011, 10:56 PM
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iDream
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Quote:
Originally Posted by larere1 View Post
Thank you so much for the reply. I will ask multiple lawyers.

My parents are telling me that I will get 100% denied and I will get deported plus them, but I just don't see how and why.
I agree, make sure you check with an immigration lawyer first. They'll walk you through with this and gather as much information as you can and always RESEARCH!!
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