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DAP Forums > DREAM Act > The Lounge

HELP! green card through section 13 - Page 2

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#11
02-16-2011, 11:00 PM
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Thanks iDream, I have been researching. This is a very rare case and I can't find anyone online with the same situation. I guess it's best to consult an immigration lawyer.
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#12
02-16-2011, 11:12 PM
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Quote:
Originally Posted by larere1 View Post
Thanks iDream, I have been researching. This is a very rare case and I can't find anyone online with the same situation. I guess it's best to consult an immigration lawyer.
No problem, Im going through an immigration case as well. but its a total different story.

Good luck, Do give us an update. take care.
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#13
02-16-2011, 11:16 PM
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Quote:
Originally Posted by larere1 View Post
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!
You're looking at the temporary benefits in question alone,this is actually typical when filing an I-485.I-485 applicants are allowed to apply for "Advance parole"[What you call a travel permit!] and an EAD.....but that confers nothing other than to work and travel during emergencies outside of the US with a chance to return,not a guarantee.

Caution:The fact you mentioned your lawyer said that he could appeal your case based on you being here for 10 years indicates to me he clearly doesn't understand potential removal benefits under INA.I haven't seen you mentioned that you're related to an immediate legal permanent resident or US citizen relative whom is a parent,child or spouse in order to even qualify for Cancellation of removal.

Not a problem,just trying to bring clarity to the situation.
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#14
02-16-2011, 11:33 PM
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True, temporary benefits. I just need a work authorization and I don't even plan on using the travel permit if I ever do get one. I'm highly aware of not being able to come back. I will consult another lawyer who would be more knowledgable.

my sister is a green card holder and my grandmother is a U.S. citizen. My parents are in the same status as I am and will be petitioned by my sister once she becomes a U.S. citizen (within this year). I am over 21 so I won't be included. My mom is also petitioned by my Grandmother which would take more ten years (so no hope).

Life's tough!
Last edited by larere1; 02-16-2011 at 11:42 PM..
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#15
02-16-2011, 11:54 PM
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The temporary benefits in question you're looking at however,comes with a price if you don't qualify ! Considering your case is rare as you mentioned,try to consult 3 or more.

In that case,you won't have a case even from removal if your case was possibly denied only if your parents were legal permanent residents and that would be even more difficult than what you currently propose for US residency.I see,hence why you're looking for your own way out of the situation because everyone else will be legally alright ?Your parents will get their Green cards in less than 6 months from what I've seen lately of USCIS if your sister becomes a US citizen.

I think understand what you're lawyer maybe trying.but despite the process taking a long time and the temporary benefits lasting for the duration of the I-485 processing to me it seems like a big gamble.Another thing you should contemplate and ask any immigration lawyer is would a NTA[Notice to Appear] still apply if you withdrew your application in the latter stages of the application if it looks like it would not be adjudicated for approval.

Typically,cases that have not be gotten to the approval stage still have the chance of being withdrawn without penalty but I don't know if a Notice to Appear before immigration court would still be issued in this case,usually it isn't but considering the processing of this I-485 would be so long I can't really say.

EDIT:I just thought of something that may actually help in your case.It would actually be a gamble but you'd have to hold off on this idea for sometime.I'll pm it tomorrow.
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Last edited by Ianus; 02-17-2011 at 12:00 AM..
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#16
02-17-2011, 12:04 AM
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n that case,you won't have a case even from removal if your case was possibly denied only if your parents were legal permanent residents and that would be even more difficult than what you currently propose for US residency.

I really don't understand this, can you please rephrase this please?

Yes, everyone will be legal in my family except for me. I thought maybe this would help me temporarily and maybe (hopefully) in the future, the Dream or CIR will be passed by then or I'd be married to U.S. citizen etc. lol
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#17
02-17-2011, 12:09 AM
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"There is a compelling reason why you or your immediate family cannot return to the country which accredited you as a diplomat"


What would be your reason? What country are you from? Unless you're from a place like Somalia I'm not sure what your "compelling reason" can be.
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#18
02-17-2011, 12:13 AM
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Quote:
Originally Posted by Ianus View Post
The temporary benefits in question you're looking at however,comes with a price if you don't qualify ! Considering your case is rare as you mentioned,try to consult 3 or more.

In that case,you won't have a case even from removal if your case was possibly denied only if your parents were legal permanent residents and that would be even more difficult than what you currently propose for US residency.I see,hence why you're looking for your own way out of the situation because everyone else will be legally alright ?Your parents will get their Green cards in less than 6 months from what I've seen lately of USCIS if your sister becomes a US citizen.

I think understand what you're lawyer maybe trying.but despite the process taking a long time and the temporary benefits lasting for the duration of the I-485 processing to me it seems like a big gamble.Another thing you should contemplate and ask any immigration lawyer is would a NTA[Notice to Appear] still apply if you withdrew your application in the latter stages of the application if it looks like it would not be adjudicated for approval.

Typically,cases that have not be gotten to the approval stage still have the chance of being withdrawn without penalty but I don't know if a Notice to Appear before immigration court would still be issued in this case,usually it isn't but considering the processing of this I-485 would be so long I can't really say.

EDIT:I just thought of something that may actually help in your case.It would actually be a gamble but you'd have to hold off on this idea for sometime.I'll pm it tomorrow.
EDIT:I just thought of something that may actually help in your case.It would actually be a gamble but you'd have to hold off on this idea for sometime.I'll pm it tomorrow.

mmm.. OKAY thank you so much! My situation is giving me a headache. You're a blessing in disguise.
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#19
02-17-2011, 12:15 AM
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Quote:
Originally Posted by dream_hope View Post
"There is a compelling reason why you or your immediate family cannot return to the country which accredited you as a diplomat"


What would be your reason? What country are you from? Unless you're from a place like Somalia I'm not sure what your "compelling reason" can be.
I was thinking the same thing.
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#20
02-17-2011, 12:47 AM
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larere1
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I feel like just gambling everything and file for this even if I get deported, so be it. If this isn't where I'm meant to be, God has a better plan for me somewhere else. I would probably leave voluntarily to save myself from embarrassment and try not to even appeal this.

Then again, it's scary to start anew in a different country with no definite future and I don't want to leave my family, friend etc behind. I've been stressing about my situation for the longest time..trying not to lose hope, but can't help it. It's tough living illegally in the U.S.

Thought that this was an answered prayer and a miracle but maybe not
Last edited by larere1; 02-17-2011 at 12:55 AM..
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