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DAP Forums > DREAM Act > The Lounge

Anyone has a sibling who has petitioned them? - Page 2

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#11
07-05-2019, 10:15 AM
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My mother who is LPR is going to petition for me. I'm unmarried over 21 so I would fall in the fb2 category and I know it's going to take around 6 years. I'm not gonna lie I'm scared to leave on an I-601A waiver. There are so many unknown variables. My case is pretty much straight forward (overstayed visa) but if they deny my application at my consulate then I'll be stuck in my home country. I'm reading about all these success stories with the waiver My brother said it's risky knowing someone who's application was denied (I don't know the details) and they had to serve the ten year ban but that's easy for him to say since he's USC. All I know is that I'm scared shitless. I'm thinking about waiting to see if any immigration policies are going to change with a Democratic president in 2021 and have my mom file then.
Last edited by yummy11226; 07-05-2019 at 10:35 AM..
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#12
07-06-2019, 11:30 PM
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Quote:
Originally Posted by Demise View Post
If you're unmarried then she can petition for you as soon as she gets her green card.

F2B category (unmarried children of LPRs over 21) is backlogged 6 years. F1 (unmarried children of USCs over 21) is backlogged 7 years and you'd have to wait for 5 years before she can naturalize.

After she naturalizes you'll be "upgraded" from F2B to F1 but you can also decline the upgrade should it put you behind meaning that you'll send a letter to NVC stating that you'd rather remain in F2B rather than F1.


Also, if you have an employer willing to petition for you, all categories are not backlogged except for persons born in Mainland China (i.e. not Macau or Hong Kong) and India. You can always have your employer do an EB-3 and use your LPR mother for purposes of I-601A.

Also finally, if you're from a country that can play in the DV Lottery you can also try playing in that and if you're drawn a winner you can also do I-601A and use your mother as a qualifying relative...
I have unlawfully presence don't qualify for 245i.

I wanted to know about the process for if you are married... If you are married to LPR file I130 how long is the wait. I realize that after you become a citizen you can start and finish the process within US usually takes 2 years. (If you came in through visa).

When you file the I601A you have to leave for consulate to apply for the Immigrant Visa right? I realize that when files through family you have to leave, But I can't find information if you go through work if you still have to leave the US and apply abroad. When someone does work sponsorship when you visa avliable and you have to complete the 601a you still have to leave US right?
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#13
07-07-2019, 04:11 AM
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Quote:
Originally Posted by Nowornever View Post
I have unlawfully presence don't qualify for 245i.

I wanted to know about the process for if you are married... If you are married to LPR file I130 how long is the wait. I realize that after you become a citizen you can start and finish the process within US usually takes 2 years. (If you came in through visa).

When you file the I601A you have to leave for consulate to apply for the Immigrant Visa right? I realize that when files through family you have to leave, But I can't find information if you go through work if you still have to leave the US and apply abroad. When someone does work sponsorship when you visa avliable and you have to complete the 601a you still have to leave US right?
Yes if you do I-601A you have to leave, it doesn't matter how you're seeking a green card, doesn't matter if it's through family, through work, or through the green card lottery. Note however that you still need a qualifying relative (USC or LPR, Spouse or/and Parent(s)) in order to get the waiver.

So lets say that you marry an LPR, you came legally, and you have an employer willing to sponsor you, you basically have 3 options to proceed here.

Option 1: Have your LPR spouse file I-130. Wait around until he/she naturalizes. File for adjustment of status in US.

Option 2: Have your LPR spouse file I-130, once the priority date becomes current or I-130 is approved, whichever is later, you will file I-601A with the LPR spouse (and any LPR/USC parents you may have) as the qualifying relative(s). Once that's approved you leave and undergo consular processing, pick up your immigrant visa, and return to US.

Option 3: Have your employer petition you (PERM, I-140, etc). Once that's approved you'll file I-601A with your LPR spouse (and any LPR/USC parents you may have) as the qualifying relative(s). Once that's approved you leave and undergo consular processing, pick up your immigrant visa, and return to US.

Whichever option is best for you depends mostly on how much you want to wait and how long you've been married and how long your LPR spouse has until they can naturalize and what's your country of birth. If you were born anywhere outside of Mainland China or India then I'd personally do either 1 or 3 depending on how long you have to wait for them to naturalize. If you were born in India or China then 1 or 2 are the better options.
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#14
07-10-2019, 04:18 PM
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Quote:
Originally Posted by Demise View Post
If you're unmarried then she can petition for you as soon as she gets her green card.

F2B category (unmarried children of LPRs over 21) is backlogged 6 years. F1 (unmarried children of USCs over 21) is backlogged 7 years and you'd have to wait for 5 years before she can naturalize.

After she naturalizes you'll be "upgraded" from F2B to F1 but you can also decline the upgrade should it put you behind meaning that you'll send a letter to NVC stating that you'd rather remain in F2B rather than F1.


Also, if you have an employer willing to petition for you, all categories are not backlogged except for persons born in Mainland China (i.e. not Macau or Hong Kong) and India. You can always have your employer do an EB-3 and use your LPR mother for purposes of I-601A.

Also finally, if you're from a country that can play in the DV Lottery you can also try playing in that and if you're drawn a winner you can also do I-601A and use your mother as a qualifying relative...
@Demise such good information. My mom just filed I-130 for me (she got her permanent residency card in Feb 2019). I am unmarried child over 21. I was wondering how you figure out that 7 year back log .

Also, regarding the lottery visa. I am from Guatemala, do you know if Guatemala is one of the countries whose citizens are able to apply, do you have the website I can look for this info. Im guessing here https://www.uscis.gov/greencard/diversity-visa
Thank you.
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#15
07-12-2019, 06:40 AM
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Quote:
Originally Posted by deiguer View Post
@Demise such good information. My mom just filed I-130 for me (she got her permanent residency card in Feb 2019). I am unmarried child over 21. I was wondering how you figure out that 7 year back log .

Also, regarding the lottery visa. I am from Guatemala, do you know if Guatemala is one of the countries whose citizens are able to apply, do you have the website I can look for this info. Im guessing here https://www.uscis.gov/greencard/diversity-visa
Thank you.
Guatemala is eligible. Basically play it and see what happens. If you win do I-601A and travel for a consular interview.
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#16
07-12-2019, 09:25 PM
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Quote:
Originally Posted by Demise View Post
Guatemala is eligible. Basically play it and see what happens. If you win do I-601A and travel for a consular interview.
I will try this for sure. Thank you.
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Expiration: 8/31/2018

Renewal Sent: 1/22/2018 Renewal Delivered: 1/23/2018
Renewal Accepted and routed to IOE: 1/25/2018
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