Please help

okay so all my life I've lived thinking that i was covered under 245i because my moms sister a us citizen filed a 130 petition for her before april 30,2001. after a lot of searching i found out you had to be in the country on or before decemeber 21 2000 to qualify but after also searching it turns out only the principle beneficiary needs to provide presence by that date i am currently covered by daca and still have another two years but my fiancé is expecting our first child and we are getting married oct 3 she is a usc if it turns out i am not covered by 245i what can i do theres no way i can wait out the ban with a child on the way and being the provider

get a lawyer, you dont want you child to be born outside the US

Get a lawyer

If a child to a US citizen is born outside of the united states you can get what is called a birth abroad. I was raped in Mexico and gave birth to my son there and decided to come back to the US. It took me a week in matamoros to fix his papers but he is a US citizen now. It costed me $150 back in 2005 and i was only 15 at the time and had no idea i could bring him here legally, i was about to cross the Rio Grande with a family from Honduras. So glad i did not do that because it would have been hell to fix his papers.

Just sent my husbands initial daca application 8/4/17 and went for biometrics on 8/28/17 and still waiting to find out if he has been approved or not.

The primary applicant needed to be in US on December 21st 2000 if the application was filed between January 14, 1998 and April 30, 2001. There is no physical presence requirement for derivatives.

If the application was filed before January 14, 1998 then there's no physical presence requirement.


First question is: How did you enter US, if on a visa you'll be able to adjust without 245(i) via a petition from a USC spouse.

If you entered without inspection, you'll have to file I-130, wait for approval, then do I-601A, then after I-601A approval attend consular interview, get your visa and return to US as a permanent resident.