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DAP Forums > DREAM Act > The Lounge

Chances for Status Adjustment, What are my options :( - Page 2

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#11
09-05-2017, 05:42 PM
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Quote:
Originally Posted by g33k View Post
Uvisa under vawa?
VAWA and U-visa are distinct but mostly overlapping. You can win a VAWA case without ever calling the cops but it's difficult and the limitation is that you need to be a spouse or child of a abusive USC or LPR.

U-visa requires you to press charges and work with law enforcement.

VAWA is not numerically capped (technically being worked into IR and F2A categories), U-visa is limited to 10,000 per year + derivatives.
Last edited by Demise; 09-05-2017 at 05:53 PM..
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#12
09-05-2017, 05:44 PM
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Quote:
Originally Posted by Demise View Post
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.

Yes because a person in a valid non-immigrant status can adjust via any means available, that's not available for you.
The irony that they're asking about extraordinary talent qualifications, and got this wrong, is not lost on me
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#13
09-05-2017, 05:48 PM
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Quote:
Originally Posted by Demise View Post
VAWA and U-visa are distinct but mostly overlapping. You can win a VAWA case without ever calling the cops but it's difficult and the limitation if that you need to be a spouse or child of a abusive USC or LPR.

U-visa requires you to press charges and work with law enforcement.

VAWA is not numerically capped (technically being worked into IR and F2A categories), U-visa is limited to 10,000 per year + derivatives.
That reply was before you added the last part. I think you edit it after.

Yes, I currently have a uvisa case pending. Remember I told you like a year or so ago?
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#14
09-05-2017, 05:51 PM
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Quote:
Originally Posted by Demise View Post
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.



Yes because a person in a valid non-immigrant status can adjust via any means available, that's not available for you.
hahaha you tell him straight
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#15
09-05-2017, 05:55 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 (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 (**).
If you are an EWI, you can still adjust through marriage with I-601A.
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#16
09-05-2017, 05:56 PM
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Quote:
Originally Posted by g33k View Post
That reply was before you added the last part. I think you edit it after.

Yes, I currently have a uvisa case pending. Remember I told you like a year or so ago?
Possibly, honestly I have so many people I advised over the years that lose track of who has what.

Still, pending U-visa will get you deferred action, so you're fine until a number becomes available.
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#17
09-05-2017, 07:16 PM
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Quote:
Originally Posted by MIdreamer View Post
If you are an EWI, you can still adjust through marriage with I-601A.
That's not adjustment. You can do every avenue via i-601a and consular processing.
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#18
09-06-2017, 12:09 AM
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I-130, Petition for Alien Relative - USCIS

Would a DACA recipient qualify?

Mother - GC
Stepfather - USC
myself - DACA - Unmarried - 30

Any ideas....trying to find a good lawyer who is going to give me the best options.
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#19
09-06-2017, 02:00 AM
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Sky is the limit
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Quote:
Originally Posted by Demise View Post
Possibly, honestly I have so many people I advised over the years that lose track of who has what.

Still, pending U-visa will get you deferred action, so you're fine until a number becomes available.


@ Demise. I don't know what a U-visa is, but you raised an interesting question for me. I am planning to go to my plan B, since DACA is rescinded. I'm planning to file a i130 petition through my usc husband, but I'm EWI, so ill need a 601a waiver. My question is I know I need an approved i130 before I can file a 601a waiver, my DACA expires 5/2018, with a pending i130 or 601a Will I be in some sort of deferred action status or am I still subject for deportation once my DACA ends, but my i130 or 601a pending?
Please answer if you can.
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#20
09-06-2017, 07:39 AM
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You didnt apply for i-130 as a F2B yet? You can qualify if your parents sponsor you for it but its really backlogged and slow. But putting in the application is good, in case in the future you get approval its a gaurantee way to get GC. To adjust you do need to have 245i or have done advanced parole I think check with a lawyer. But wouldnt hurt putting in the one page i-130. Even if u leave the country you can in the future use the priority date and come back here.

I already have mine in since 2015, times ticking for me to get my GC in 4ish years i hope. I just kept it as a means for me to get my GC one day.

Quote:
Originally Posted by Infamousknight View Post
I-130, Petition for Alien Relative - USCIS

Would a DACA recipient qualify?

Mother - GC
Stepfather - USC
myself - DACA - Unmarried - 30

Any ideas....trying to find a good lawyer who is going to give me the best options.
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