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DAP Forums > DREAM Act > The Lounge

Advice needed

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#1
07-08-2011, 05:49 AM
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NEXTLOVER
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......
Last edited by NEXTLOVER; 06-10-2020 at 05:38 PM..
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#2
07-08-2011, 05:58 AM
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LifeDreamer
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NEXTLOVER as dreamers we all hold some mix emotions regarding our parents... To this day I don't really know how to feel towards them.. sometimes I love them and other times I hate them dearly for what i'm going through... I guess in time as we get older and wiser we will know how to truly feel..

We are in a moment in history where we are so closed to a reform package..

You are 27 relaying on any relative other then a wife should be out of the question and sounds too risky...

Wait 2 more years for the Dream Act.. I can assure you that your Dreams will come true as all of ours will as well...
Last edited by LifeDreamer; 07-08-2011 at 07:22 AM..
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#3
07-08-2011, 11:28 AM
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Joined in May 2006
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GrumpyDreamer
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Quote:
Originally Posted by LifeDreamer View Post
NEXTLOVER as dreamers we all hold some mix emotions regarding our parents... To this day I don't really know how to feel towards them.. sometimes I love them and other times I hate them dearly for what i'm going through... I guess in time as we get older and wiser we will know how to truly feel..

We are in a moment in history where we are so closed to a reform package..
ha! that's exactly how I feel...that's probably why I can't get over the fact that I was an illegal immigrant for almost two decades yet my parents were citizens and permanent residents the whole damn time. They just really did not plan well at all...really really dropped the ball with me and now I get to spend literally half the year in a frozen winter wonderland...at least the people in Canada are nice and I am a real person that can pursue a life of dignity
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#4
07-08-2011, 11:39 AM
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Quote:
Originally Posted by NEXTLOVER View Post
Hi guys. If you got some time, or if you just have some advice/insight/input, please read on:

My mother and I were under F3 category, filed by my USC grandmother, which became current in 2003. I was 20 years old at that time & SHOULD have adjusted my status along with my mother (my mother IS an LPR now because of this). Weeellll... at that time, both of us were not represented by an attorney; my mother did all the paperwork & she messed up BIG TIME (she sent the paperwork BACK to the "home" country instead of sending it to where she was supposed to send it in the U.S.. Long story, basically) which basically left me FUCKED (I couldn't adjust my status). This took about a year to resolve and by the time it was resolved, I already aged out (I was 21/22 already).

Our attorney tried to petition me under the CSPA derivative but I was denied (this was in 2007, I was 23 y.o. at that time). My mother was able to adjust her status and is now an LPR.

So this is where I stand. My attorney laid it out for me this way: IF my mother petitions me right now (under Form I-130), I will get a category under F2B & I will get a priority date real quick. Caveat? Telling/signaling ICE that I am in the country illegally, which ICE CAN start removal proceedings against me.

Is this worth the risk, guys?

I am 27 y.o. now, never been arrested, don't have a record at all (real fresh & clean!), ADN nursing graduate with a CA RN license (with a valid SSN) currently attending an RN-BSN program, which I will finish in June of 2012.

I was planning on just getting my BSN first (just 2 more semesters to go!) & THEN tell my attorney to go ahead with the aforementioned plan. Again, with the caveat that ICE can start deportation proceedings against me. My attorney says "I have a good chance," but don't all lawyers say that? Either way, I really want to finish my BSN first.

Any advice, any help, any guidance, comments... I'd really appreciate. You can imagine how hurt & angry I was with my mother. But you know what? She's my mother & I dearly love her. I forgive her (yes yes, she fucked me 2 times, technically) & I completely understand how she got so confused (she couldn't afford an attorney at that time). I've had a damn good life because of her sacrifices

Thanks in advance
I'm not sure if your lawyer know what he/she is talking about. ICE doesn't usually go after people who have filed I-130 in my experience. Also F2B the wait for priority date right now 8 years (more if you are from Mexico or the Philippines), so I don't know why your lawyer is telling you it will be really quick. Right now the part of CSPA that would allow you to retain priority date of original petition through your grandmother is being litigated in court. 2nd circuit has spoken against retaining priority date and 9th court will be hearing oral arguments on July 15th.
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#5
07-08-2011, 12:00 PM
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melpw
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@grumpyd
I wouldnt even dare come home for xmas if my parents had just not given a fuck to legalize me...
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#6
07-08-2011, 01:24 PM
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Quote:
Originally Posted by melpw View Post
@grumpyd
I wouldnt even dare come home for xmas if my parents had just not given a fuck to legalize me...
ha yeah...it's alright...they paid for college and "living" expenses. Don't have to worry about coming home for xmas because I can't thanks to our friend the 10 year band.
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#7
07-08-2011, 01:39 PM
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and to swim19...I know exactly how you feel! Congrats on making it all the way to actually having a nursing license...I wish I had a valid social security number when I lived there...I don't know if they'll actually deport you...you have seen all those facebook/random petitions when some dreamer is about to get deported right? they do work but how often I have no idea
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#8
07-08-2011, 06:30 PM
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NEXTLOVER
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...


.......
Last edited by NEXTLOVER; 06-10-2020 at 05:38 PM..
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#9
07-08-2011, 09:50 PM
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267 posts
GrumpyDreamer
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Quote:
Originally Posted by NEXTLOVER View Post
LifeDreamer,
Thanks buddy. Yeah, believe me, there were times where I just absolutely fuckin' HATED her, then I'd feel guilty about it, then love her, hate her, etc. At the end of the day, she's my flesh & blood & my mother. Cycling through all those feelings, from one extreme to the next, did no good. It's not a good feeling to be in. Yeah, I'm looking to leave, more likely, but first I'll get my BSN then try to "fight" my case before I'll leave. Of course, me leaving won't be necessary if I actually can change my status... but I'm being realistic here.

GrumpyDreamer,
Thanks I know you're the "Canadian advocate" in the forum & I know you're from the PI, just like me. I'm actually not averse to going back "home," spending a year there then see if I can do my Master's in a different country. Of course, PI has their own nursing boards, & so does Canada (so in essence there would be two nursing exams I would have to take. Damn), but I do have a brother living in Manila now. So maybe "proving" that I've got SOME ties in my "home" country might be easier for me. Actually, he used to be a Dreamie too, grad. from SDSU with a business finance degree, left America, & right away got a good position in HSBC as their finance investigator. I think this is the road I'm looking at right now - leaving America for good.

Swim19,
THANK YOU for updating me on this! See, I've stayed with this same exact attorney for years. I'm thinking of looking around for another attorney, just to see a second opinion. But my case really isn't looking that well. I know for sure that marriage is the only way out for me, but damn. I feel like I'm one of those females stuck in the 19th century: "Hey ladies! Only way to make it is to be a whore or marriage to a rich dude. Choose your life!" In that case, a whore I will be LOL. It's just... I've seen how bad a "paper marriage" is, & yeah. I'm determined not to be in that position :/ I'm also not getting my hopes up about the 9th Circuit court of appeals (or whatever it is they're calling it now). That debate has been going on for so long that it's just not looking good at all. I gotta be realistic about it.

I think I'll just finish school, then see if I can "win" my case (ie - adjust my status). & hey, if in that time span I actually meet someone, get married... good! Most likely it won't end up that way so I'll leave. But not before "fighting" my case.
PMed you haha...I don't know why...maybe it could've gone on this forum.
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#10
07-09-2011, 12:27 AM
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Joined in May 2006
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Ianus
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Quote:
Originally Posted by NEXTLOVER View Post
1.My mother and I were under F3 category, filed by my USC grandmother, which became current in 2003.

2.I was 20 years old at that time & SHOULD have adjusted my status along with my mother (my mother IS an LPR now because of this). Weeellll... at that time, both of us were not represented by an attorney; my mother did all the paperwork & she messed up BIG TIME (she sent the paperwork BACK to the "home" country instead of sending it to where she was supposed to send it in the U.S.. Long story, basically) which basically left me FUCKED (I couldn't adjust my status). This took about a year to resolve and by the time it was resolved, I already aged out (I was 21/22 already).

3.Our attorney tried to petition me under the CSPA derivative but I was denied (this was in 2007, I was 23 y.o. at that time). My mother was able to adjust her status and is now an LPR.

4.So this is where I stand. My attorney laid it out for me this way: IF my mother petitions me right now (under Form I-130), I will get a category under F2B & I will get a priority date real quick. Caveat? Telling/signaling ICE that I am in the country illegally, which ICE CAN start removal proceedings against me.

5.Is this worth the risk, guys?


6.I was planning on just getting my BSN first (just 2 more semesters to go!) & THEN tell my attorney to go ahead with the aforementioned plan. Again, with the caveat that ICE can start deportation proceedings against me. My attorney says "I have a good chance," but don't all lawyers say that? Either way, I really want to finish my BSN first.

7.Any advice, any help, any guidance, comments... I'd really appreciate. You can imagine how hurt & angry I was with my mother. But you know what? She's my mother & I dearly love her. I forgive her (yes yes, she fucked me 2 times, technically) & I completely understand how she got so confused (she couldn't afford an attorney at that time). I've had a damn good life because of her sacrifices

Thanks in advance
Hello,Hope you don't mind but had to break it up to be more detailed within certain areas.

1.By any chance would this application filed by your grandmother before April 30th,2001 ? It almost sounds like you maybe derivatively covered under 245i.

2.You said "This took about a year to resolve",what do you mean by that at that age of 21/22 ? Extrapolate on what was resolved.

3. I guess it depends on how CSPA was calculated in your case at the time.....which is key to why it was denied.USCIS already knows you're in the country when you were placed on your mother's application so that shouldn't be an issue.I-130's also do NOT initiate removal proceedings.........denied I-485 or immigrant applications do.An I-130 is only to prove the relationship while the I-485 is to seek the benefit.ICE will likely NOT remove you/start removal proceedings.I'm also only hypothesizing that your Mom is a US citizen now which allows her to file for you as an Adult.Only US citizens can file for adult children.

4.Your parent would have to be a US citizen and your I-130 would have to be approved first before you are given a priority date........but the actual green card would take many years and depend on many factors.The visa bulletin is currently @Jul. 03 for the world and declines after that for many other retrogressed countries.

5.That decision would have to be up to you.

6.There does appear to be something plausible here but it won't be "quick".Take the visa bulletin to the lawyer and have him explain it that you know your shit,lol.You should pursue with your education however you please if you are not limited in anyway by your immigration status to do so.....

7.The person that might have helped you the most also is actually the Grandmother technically if you're under 245i.....that is going to come in very handy to adjust any immigrant application on US soil IF she filed it for your mother before April 30th,2001.
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