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DAP Forums > DREAM Act > The Lounge

Chances for Status Adjustment, What are my options :(

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#1
09-05-2017, 01:25 PM
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In the wake of this nightmare, Im trying to look at all of my options in terms of employment, status adjustment etc...
I am a recent BA grad, at a TOP research lab, world-renowned research group, with at least 3 publications (1 more on the way. One of those is a first author paper in a reputable journal. BUT no PhD or any other advanced degree. I've been there for several years now and was contemplating moving into consulting or else but now that DACA is ending, Im trying to see what my chances are for SELF-PETITION.

How extraordinary does the talent have to be?
Can a non-professor/faculty/Masters/PhD person still apply and have decent chances?
I know my colleagues often apply and get approved but they already have a PhD or are working on their PhD so that's a different situation.

Would love to hear your thoughts!

Thanks!
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#2
09-05-2017, 03:56 PM
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Even for EB-1 you'd still need 245(i) or I-601A (for which you need a USC/LPR Spouse or Parent(s)).
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#3
09-05-2017, 04:29 PM
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Quote:
Originally Posted by Demise View Post
Even for EB-1 you'd still need 245(i) or I-601A (for which you need a USC/LPR Spouse or Parent(s)).
Um, that's just plain WRONG. I have plenty of coworkers (all foreign nationals) who self-petitioned and got GC within 6-8 months. But then again, they all have PhDs etc
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#4
09-05-2017, 04:35 PM
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Quote:
Originally Posted by Manhattan2017 View Post
Um, that's just plain WRONG. I have plenty of coworkers (all foreign nationals) who self-petitioned and got GC within 6-8 months. But then again, they all have PhDs etc
They were DACA?

I don't think that's possible.
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#5
09-05-2017, 04:37 PM
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Quote:
Originally Posted by Demise View Post
Even for EB-1 you'd still need 245(i) or I-601A (for which you need a USC/LPR Spouse or Parent(s)).
Quote:
Originally Posted by TexasAg08 View Post
They were DACA?

I don't think that's possible.
They were here on a work visa. Typical employment visa sponsored thru work. Then after getting PhD, or publishing papers, they filed for Extraordinary Ability GC application, and got approved quickly.
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#6
09-05-2017, 04:38 PM
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Quote:
Originally Posted by Manhattan2017 View Post
Um, that's just plain WRONG. I have plenty of coworkers (all foreign nationals) who self-petitioned and got GC within 6-8 months. But then again, they all have PhDs etc
Okay smartass, go apply and let me know how fast your I-485 is denied. They might approve your I-140 but I-485 will be denied.

Quote:
Originally Posted by Manhattan2017 View Post
They were here on a work visa. Typical employment visa sponsored thru work. Then after getting PhD, or publishing papers, they filed for Extraordinary Ability GC application, and got approved quickly.
Yes because a person in a valid non-immigrant status can adjust via any means available, that's not available for you.
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#7
09-05-2017, 04:40 PM
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Quote:
Originally Posted by Manhattan2017 View Post
They were here on a work visa. Typical employment visa sponsored thru work. Then after getting PhD, or publishing papers, they filed for Extraordinary Ability GC application, and got approved quickly.
Remember the fact that we're still illegal immigrants.

DACA does not provide any legal status.

You can't get GC nor citizenship from straight up being illegal except two methods (it's easier if you aren't EWI):

USC family member (i.e. spouse) or you've joined the US Army through Mavni program (couple of my friends received US citizenship right after their basic training).
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#8
09-05-2017, 05:23 PM
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You can buy a residency for $500,000. Time to start saving..
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#9
09-05-2017, 05:36 PM
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Quote:
Originally Posted by JavierHTx View Post
You can buy a residency for $500,000. Time to start saving..
USCIS will approve your I-526 and deny I-485.

Seriously people, aside being:
  1. Spouse of US Citizen
  2. Unmarried Child Under 21 of US Citizen
  3. Parent of US Citizen Over 21
  4. Special Immigrant Physician licensed prior to January 9, 1978 and resided in US from January 10, 1978 to present
  5. Unmarried son or daughter of G-4 or N visa holder residing in US for at least 7 years between ages 7 and 21
  6. Special Immigrant Juvenile (**)
  7. Immigrant who served honorably in US Armed Forced after enlistment abroad for at least 12 years (redundant as you can naturalize under INA 329).
  8. VAWA Applicant (**)
  9. Physically Present continuously since January 1, 1972 (**)
  10. Are covered under 245(i) (**)
  11. Win an asylym case and maintain it for 1 year (**)
  12. Win a Cancellation of Removal Case (**)
  13. Get a S, T, or U visa, keep it for whatever required period (**)

Unless you're one of the above then you can't adjust status after an overstay, and you can't adjust after EWI unless you're in one marked with (**).
Last edited by Demise; 09-05-2017 at 05:43 PM..
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#10
09-05-2017, 05:38 PM
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Quote:
Originally Posted by Demise View Post
USCIS will approve your I-526 and deny I-485.

Seriously people, aside being:
  1. Spouse of US Citizen
  2. Unmarried Child Under 21 of US Citizen
  3. Parent of US Citizen Over 21
  4. Special Immigrant Physician licensed prior to January 9, 1978 and resided in US from January 10, 1978 to present
  5. Unmarried son or daughter of G-4 or N visa holder residing in US for at least 7 years between ages 7 and 21
  6. Special Immigrant Juvenile (**)
  7. Immigrant who served honorably in US Armed Forced after enlistment abroad for at least 12 years
  8. VAWA Applicant (**)
  9. Physically Present continuously since January 1, 1972 (**)
  10. Are covered under 245(i) (**)
  11. Win an asylym case and maintain it for 1 year (**)
  12. Win a Cancellation of Removal Case (**)
  13. Get a S, T, or U visa, keep it for whatever required period (**)

Unless you're one of the above then you can't adjust status after an overstay, and you can't adjust after EWI unless you're in one marked with (**).
.....
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