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DAP Forums > DREAM Act > The Lounge

DACA and i130 - Page 2

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#11
11-23-2012, 04:29 PM
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I might shot myself in the foot with that statement, anybody wanna clarify which one you have to be 18 or under to qualify for? I could swear its the 245i...
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#12
11-23-2012, 07:38 PM
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pjmellado93
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??????? what do u mean
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#13
11-23-2012, 08:01 PM
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Dream becomes Reality
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Quote:
Originally Posted by stilldreamin View Post
I might shot myself in the foot with that statement, anybody wanna clarify which one you have to be 18 or under to qualify for? I could swear its the 245i...
I'll help clarify things to the best of my knowledge:

If an I-130 was filed for you on or before April 30, 2001 and you were in the United States on December 21, 2000, then you are covered under 245i. It enables people that are without/out of status continue on with the Adjustment of Status process within the United States. If another petition is filed for you later and it becomes current, as long as you qualify for 245i under your initial petition, that priviledge can be transferred aka "grandfathered" into your new petition and you can continue with the process of Adjusting your status within the US. (Guys please correct me if I missed something).
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#14
11-23-2012, 08:50 PM
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pjmellado93
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ohokk ty i understand now
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#15
11-23-2012, 08:52 PM
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TexasDreamy
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I have TWO approved I130s.

Fuck my life, right?
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#16
11-23-2012, 08:54 PM
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no i should not affect you ,i also have a petition!!
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#17
11-23-2012, 09:00 PM
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Quote:
Originally Posted by Cin View Post
it wont affect you, i have an approved i130. I haven't been approved yet, but when i spoke to my lawyer he said, it MIGHT even help that they already have you in their system and they kind of know who you are already
I see you're still waiting - What a drag.
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#18
11-23-2012, 09:17 PM
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Quote:
Originally Posted by Dream becomes Reality View Post
I'll help clarify things to the best of my knowledge:

If an I-130 was filed for you on or before April 30, 2001 and you were in the United States on December 21, 2000, then you are covered under 245i. It enables people that are without/out of status continue on with the Adjustment of Status process within the United States. If another petition is filed for you later and it becomes current, as long as you qualify for 245i under your initial petition, that priviledge can be transferred aka "grandfathered" into your new petition and you can continue with the process of Adjusting your status within the US. (Guys please correct me if I missed something).
March 23, 2001
Section 245(i) Provision of the LIFE Act

Q1. What is the Section 245(i) provision of the Legal Immigration Family Equity Act (LIFE Act)?
A1. Section 245(i) allows certain persons, who have an immigrant visa immediately available but entered without inspection or otherwise violated their status and thus are ineligible to apply for adjustment of status in the United States, to apply if they pay a $1,000 penalty. The LIFE Act temporarily extends the ability to preserve eligibility for this provision of law until April 30, 2001. Use of Section 245(i) adjustment of status previously was limited to eligible individuals who were the beneficiary of a visa petition or labor certification application filed on or before January 14, 1998.

Q2. Who are the "certain persons" covered under Section 245(i) adjustment of status?
A2. Those covered by the provision are listed at Section 245(a) and (c) of the Immigration and Nationality Act and include individuals who:�� Entered the United States illegally;
�� Worked in the United States illegally,
�� Failed to maintain continuously lawful status,
�� Entered under the Visa Waiver Pilot Program,
�� Entered as foreign crewmen, and
�� Entered as foreign travelers in transit without a visa.

Q3. Am I eligible for Section 245(i) adjustment of status under the LIFE Act?
A3. To be eligible, you must:
�� Be the beneficiary of a Form I-130 immigrant visa petition ("Petition for Alien Relative"), or Form I-140 immigrant visa petition ("Immigrant Petition for Alien Worker"), or Form I-360 ["Petition for an Amerasian Widow(er), or Special Immigrant], or Form I-526 ("Petition for an Alien Entrepreneur") filed with the INS on or before April 30, 2001, (either received by INS or, if mailed, postmarked on or before April 30, 2001) .�� Be the beneficiary of an application for labor certification filed with the
Department of Labor (DOL) according to DOL rules on or before April 30,
2001, and
�� Also have been physically present in the United States on December 21, 2000,
if the qualifying visa petition or labor certification application was filed after
January 14, 1998.

SOURCE: http://www.uscis.gov/files/pressrele...Act_032301.pdf
Last edited by norbyahuezo; 11-23-2012 at 09:24 PM.. Reason: MORE INFO
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