• Home
  • Today
  • Advocacy
  • Forum
Donate
  • login
  • register
Home

They need you!

Forum links

  • Recent changes
  • Member list
  • Search
  • Register
Search Forums
 
Advanced Search
Go to Page...

Resources

  • Do I qualify?
  • In-state tuition
  • FAQ
  • Ways to legalize
  • Feedback
  • Contact us

Join our list

National calendar of events

«  

July

  »
S M T W T F S
 
 
1
 
2
 
3
 
4
 
5
 
6
 
7
 
8
 
9
 
10
 
11
 
12
 
13
 
14
 
15
 
16
 
17
 
18
 
19
 
20
 
21
 
22
 
23
 
24
 
25
 
26
 
27
 
28
 
29
 
30
 
31
 
 
 
Sync with this calendar
DAP Forums > DREAM Act > The Lounge

Need your input - Page 2

  • View
  • Post new reply
  • Thread tools
    Thread Tools
    Show Printable Version Show Printable Version
    Email this Page Email this Page
  • ‹ previous
  • 1
  • 2
  • 3
  • 4
  • next ›
#11
01-07-2020, 06:44 PM
Senior Member
From Minnesota
Joined in Nov 2009
5,989 posts
Demise's Avatar
Demise online
Demise
View Public Profile
Send a private message to Demise
Find all posts by Demise
0 AP
Quote:
Originally Posted by kyungwc View Post
I believe Redneck is correct.
I talked to a lawyer about EB2 and basically said because I incurred 180 days+ I wasn't eligible.
Redneck is not exactly correct in that re-entering on advance parole only clears a prior EWI, which only matters in cases where you're adjusting as an immediate relative of a US citizen. AP does nothing for prior illegal presence which is not a factor for IRs but it is a factor while seeking work sponsorship.

Quote:
Originally Posted by anon.nona View Post
So I emailed my immigration department. Just to confirm the legitimacy of the email, aka that they sent it. They confirmed and asked if I had any particular questions or concerns about it.

I don't know if I should reply and tell them that I don't think I am eligible or just go for it and see where it goes.

I am looking at the requirements for an EB-3 https://www.uscis.gov/working-united...reference-eb-3

Nowhere does it talk about current presence in the USA being an exclusion

Also: https://koaa.com/sponsored/izaguirre...gh-employment/
Well the problems here are multifold.

Basically, ina 245(c)(2), (7), and (8) bars you from adjustment of status in US after living/working illegally. Since you cannot adjust, you'd have to depart to undergo consular processing, but departure would likely trigger a 3 year (if you have 180 days but less than 1 year of illegal presence) or 10 year bar (if you have 1 year or more of illegal presence), so you can't exactly do consular.

Basically there's 3 options:
1. You applied for DACA while under 18 - you wouldn't have any illegal presence, wouldn't trigger a bar when you'd leave, you'd just undergo consular processing and come back.
2. 245(i) grandfathering - basically you, or parent, or spouse was petitioned on or before April 30th 2001, and if the petition was filed on or after January 14, 1998 the principal applicant was in US on December 21st, 2000. This goes around the ordinary bar to adjustments in 245(c), and you could adjust in US.
3. I-601A waiver - this basically requires you to have a USC/LPR, Spouse or Parent(s), basically you claim they'd suffer extreme hardship from your absence in US, and if approved the 3/10 year bar is waived and you'd leave, undergo consular processing, get your visa, and come back.
__________________
LPR these days
  • Reply With Quote
Post your reply or quote more messages.
#12
01-11-2020, 07:35 PM
Senior Member
Joined in Aug 2017
196 posts
anon.nona
anon.nona
View Public Profile
Send a private message to anon.nona
Find all posts by anon.nona
0 AP
Thank you Demise for your very detailed answer.

The company has assigned me over to an immigration firm that they hold on retainer. I have a consultation scheduled with them next week.

Seems they want to handle my DACA renewals going forward and also told me to go ahead and complete the PERM Certification. They'll give me more details next week during the consultation
  • Reply With Quote
Post your reply or quote more messages.
#13
01-13-2020, 06:00 PM
Senior Member
Joined in Aug 2017
196 posts
anon.nona
anon.nona
View Public Profile
Send a private message to anon.nona
Find all posts by anon.nona
0 AP
Just to close the loop on this thread.

I met with the immigration firm taking my case. They told me that although I might no be eligible right this moment, the 'company' (that I work for), is still moving ahead with the PERM Certification for DACA employees as this does not hurt or alter their current status but does get the process started and permanently holds your place in the GC/Visa line.

We'll be exploring opportunities to try and get me all settled in the future. For now, I was asked to go ahead and complete the PERM Certificate questionnaire so that they may file an I-140
  • Reply With Quote
Post your reply or quote more messages.
#14
05-22-2020, 08:59 PM
Senior Member
Joined in Aug 2017
196 posts
anon.nona
anon.nona
View Public Profile
Send a private message to anon.nona
Find all posts by anon.nona
0 AP
Update:

My employer is proceeding with the filing for Perm Labor Certification and will file an i-140 under EB3.

They've asked that I get signatures from previous employers to confirm skills and years of experience as well as copies of my transcripts and diplomas

We'll see
  • Reply With Quote
Post your reply or quote more messages.
#15
05-23-2020, 12:37 AM
Senior Member
Joined in Jun 2006
644 posts
glacier1985
glacier1985
View Public Profile
Send a private message to glacier1985
Find all posts by glacier1985
0 AP
Thank you very much for the update. Really appreciated it. Please keep us posted. Thanks !
__________________
did you call today?
  • Reply With Quote
Post your reply or quote more messages.
#16
05-23-2020, 01:03 PM
Senior Member
Joined in Feb 2012
775 posts
juvi
juvi
View Public Profile
Send a private message to juvi
Find all posts by juvi
0 AP
F20 in Washington.. Amazon or MSFT? Are you a SDE?
  • Reply With Quote
Post your reply or quote more messages.
#17
06-15-2021, 04:47 PM
Senior Member
Joined in Aug 2017
196 posts
anon.nona
anon.nona
View Public Profile
Send a private message to anon.nona
Find all posts by anon.nona
0 AP
Juvi - Yes, I am a Sr SDE.

Update:
PERM Labor certification approved. Immigration department will proceed to file an I-140 visa petition. Then I-485 for adjustment of status
  • Reply With Quote
Post your reply or quote more messages.
#18
06-15-2021, 06:16 PM
Senior Member
Joined in Aug 2012
183 posts
Pootie-Tang
Pootie-Tang
View Public Profile
Send a private message to Pootie-Tang
Find all posts by Pootie-Tang
0 AP
I'm confused. How does this work if you've accumulated illegal presence here after turning 18? Or is that an incorrect assumption?
  • Reply With Quote
Post your reply or quote more messages.
#19
06-15-2021, 08:38 PM
Member
Joined in May 2009
62 posts
DREAM@UCLA
DREAM@UCLA
View Public Profile
Send a private message to DREAM@UCLA
Find all posts by DREAM@UCLA
0 AP
Wait this is possible? I’m DACA at big tech working as a product manager (technical). Can I file for perm certification? I got my first daca at age 21 though
__________________
Approved! SSN - 12/31
  • Reply With Quote
Post your reply or quote more messages.
#20
06-15-2021, 08:40 PM
Member
Joined in May 2009
62 posts
DREAM@UCLA
DREAM@UCLA
View Public Profile
Send a private message to DREAM@UCLA
Find all posts by DREAM@UCLA
0 AP
And what’s the benefit in perm certification if you are daca? Asking because it’s unclear to me
__________________
Approved! SSN - 12/31
  • Reply With Quote
Post your reply or quote more messages.
  • ‹ previous
  • 1
  • 2
  • 3
  • 4
  • next ›


« Previous Thread | Next Thread »


Contact Us - DREAM Act Portal - Archive - Top
Powered by vBulletin®
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.