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DAP Forums > DREAM Act > The Lounge

Provisional unlawful presence waivers for children of LPRs and USCs - Page 4

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#31
11-24-2014, 07:23 PM
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ankitkiko
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Quote:
Originally Posted by yurchie View Post
I should have said approved I-130 with CURRENT PRIORITY DATE, which means a visa is available. But yes, my statement implies that. I'll edit it.

Furthermore, you're all confused about what a provisional unlawful presence waiver does. It does not allow you to adjust status. It merely allows you to avoid the 3 or 10 year bar that you would get when you left for consular processing in your home country.

but if you get the waiver, then the ban is lifted and you don't have to travel back home to apply for visa (if available) , you can adjust it here.


An information if brothers/sisters are included?
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#32
11-24-2014, 10:39 PM
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Quote:
Originally Posted by ankitkiko View Post
but if you get the waiver, then the ban is lifted and you don't have to travel back home to apply for visa (if available) , you can adjust it here.


An information if brothers/sisters are included?
No - the whole point of this waiver policy is for re-entry, this isn't an adjustment of status where you can adjust in country.

To put it short, it takes out some of the gambling from the risk of interviewing at your home country for the permanent residency, and not being granted re entry.
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#33
11-24-2014, 10:49 PM
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dude33
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Exactly so if you have an approved i 130 i'm hoping for my parents they can file for a waiver as per the new rules of being an adult son of a us citizen or pr , leave and interview in home country . Question if this works out like i hope it would would my sister who is 16 and has daca would be able to adjust here IF and thats a big IF, the new provisional waivers can be used as described as above ?
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#34
11-25-2014, 03:28 AM
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txgirl
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Quote:
Originally Posted by dude33 View Post
Exactly so if you have an approved i 130 i'm hoping for my parents they can file for a waiver as per the new rules of being an adult son of a us citizen or pr , leave and interview in home country . Question if this works out like i hope it would would my sister who is 16 and has daca would be able to adjust here IF and thats a big IF, the new provisional waivers can be used as described as above ?
Your 16 year old sister does NOT need a waiver, your US citizen parent needs to petition for her and have her consular process. She will not be out of the US for more than 3 weeks and the minute she is admitted as a permanent resident, as the daughter of a US citizen she herself will be a US citizen as well.
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#35
11-30-2014, 03:26 PM
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Quote:
Originally Posted by txgirl View Post
Your 16 year old sister does NOT need a waiver, your US citizen parent needs to petition for her and have her consular process. She will not be out of the US for more than 3 weeks and the minute she is admitted as a permanent resident, as the daughter of a US citizen she herself will be a US citizen as well.

she does not need to consular process, my sister didn't have to. She just waits for her Green card/citizenship.
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#36
12-02-2014, 07:03 AM
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yurchie
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Quote:
Originally Posted by mmohs2 View Post
she does not need to consular process, my sister didn't have to. She just waits for her Green card/citizenship.
Are your parents US citizens?
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#37
12-02-2014, 05:48 PM
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no, but my sister's dad is. now tell me man, you think that we as adult children will be considered as immediate relatives for this waiver ? if not, well have to wait like 7 years to benefit from this waiver. we need GC's now or continued work authorization for 8 years lol
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#38
12-25-2014, 05:13 AM
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yurchie
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Quote:
Originally Posted by mmohs2 View Post
no, but my sister's dad is. now tell me man, you think that we as adult children will be considered as immediate relatives for this waiver ? if not, well have to wait like 7 years to benefit from this waiver. we need GC's now or continued work authorization for 8 years lol
The waiver doesn't eliminate the priority date waiting list. But yes, you'll be eligible to apply for the waiver once your priority date is current.
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#39
12-26-2014, 11:49 PM
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Frutips
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I am interested to know, how does this waiver going to impact those who are over the age of 21. Son/daughter of green card holder/US citizen...And has an existing I-130, overstay with expired I94... waiting for priority date 12/08/2008.. They had DACA...
Need to go back to the country they were born and ..? Or what?..What happen next?
May be need to wait for President's announcement? Mind to share, thank you..
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