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DAP Forums > DREAM Act > The Lounge

can GC holder parents apply for me to adjust status (DACA approved) ?

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#1
09-12-2014, 02:36 PM
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Hello All,

Just wondering, My parents are GC holders and i am a DACA applicant (over age 21) (EAD expires 10/23/2014...still not approved for renewal, which is freaking me out ) Can they apply for me to adjust status? I know there are a lot of smart people on this forum, as i've been following for past two years, so im sure somebody knows! Thanks for input!
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#2
09-12-2014, 04:16 PM
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Quote:
Originally Posted by Canadian View Post
Hello All,

Just wondering, My parents are GC holders and i am a DACA applicant (over age 21) (EAD expires 10/23/2014...still not approved for renewal, which is freaking me out ) Can they apply for me to adjust status? I know there are a lot of smart people on this forum, as i've been following for past two years, so im sure somebody knows! Thanks for input!
No...
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#3
09-12-2014, 07:32 PM
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Quote:
Originally Posted by eddy View Post
No...
Dude stop being a dumbass. He's F2B if he's unmarried. If you're married you have to wait until your parents become USC and become F3.

You can apply to AOS any time.

If you are not covered by 245i you will need to leave the country to AOS.
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#4
09-13-2014, 12:08 AM
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Quote:
Originally Posted by NotAPro View Post
If you are not covered by 245i you will need to leave the country to AOS.
You can apply for AOS at any time, USCIS will glandly take your money, but unless:
1) Your prority date is current and,
2) You are in US in a valid immigration status that you have never violated (didn't overstay, work illegally, etc), or
3) Are covered under 245(i)
You will get denied.

In order for your parents to sponsor you as it is right now and you get a green card (you are over 21 and living illegally in US) you will need to be covered under 245(i) to benefit.

Leaving the country will just result in you getting 10 year re-entry ban. You cannot use advance parole to attend a consular processing interview.

Other than the the only to fix your status at the present would be via a citizen spouse. If you entered legally then all you need to do is file for adjustment, otherwise you will need to use advance parole to clear that or get an I-601A waiver approved.
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Last edited by Demise; 09-13-2014 at 12:13 AM..
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#5
09-13-2014, 06:56 AM
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Quote:
Originally Posted by Demise View Post
You can apply for AOS at any time, USCIS will glandly take your money, but unless:
1) Your prority date is current and,
2) You are in US in a valid immigration status that you have never violated (didn't overstay, work illegally, etc), or
3) Are covered under 245(i)
You will get denied.
.
When you say "You are in US in a valid immigration status that you have never violated" does being approved as a DACA applicant count? I've never violated any rules of DACA, but i've violated by overstaying a visitors visa in the past but im currently approved for DACA.
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#6
09-13-2014, 11:51 AM
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Quote:
Originally Posted by Canadian View Post
When you say "You are in US in a valid immigration status that you have never violated" does being approved as a DACA applicant count? I've never violated any rules of DACA, but i've violated by overstaying a visitors visa in the past but im currently approved for DACA.
No. DACA is not a status.

Also maybe I worded that incorrectly, what I meant to say that you have never violated any status you had in US and since your initial entry you always had status.

As an overstayer you're only eligible to adjust status as a spouse of a US citizen. Otherwise you will need 245(i) grandfathering.
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