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DAP Forums > DREAM Act > The Lounge

Green Card Petition Thru Parents

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#1
07-30-2020, 09:46 AM
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Pootie-Tang
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Hi Folks! Hope everyone is doing well these days. I'm wondering if anyone here has any experiences going from DACA to filing a I-130 through a family member? I just recently got my I-130 approved (only took 5 years lol), and I'm applying as part of the unmarried adult sons/daughters (over 21) category. Now my understanding is that I have to wait until a visa is available, but wasn't sure if anyone had any experiences here that they can share? I'll probably get an attorney to help me/answer questions eventually, but figured I'd ask you folks first.
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#2
07-30-2020, 01:52 PM
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You can apply i485 if your priority date is before the "dates for filing family sponsored visa applications" table on travel.state.gov
But in order to adjust status you need either 245i or some people seems to have had advanced parole and was able to adjust status within.
I also am going through getting GC thru parents, i just recently sent in my application based on being grandfathered as a 245i benificeary.
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#3
07-30-2020, 03:12 PM
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What do you need to know.

In order to adjust you will need 245(i), without that, you will probably need an I-601A waiver. Final question is how old were you when the I-130 was filed and was it actually pending for 5 years? If it was filed while you were under 21 you are most likely protected by CSPA and would be able to go via F2A rather than F2B.
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#4
07-30-2020, 03:49 PM
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Pootie-Tang
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Thanks for the responses! Is 245(i) needed if I last entered the US through AP about 4 years ago? I have accumulated unlawful presence prior to DACA though. Demise - I was over 21 when I applied for my I-130 (applied around November 2015).

Also, looking at the USCIS's page on the 245(i) adjustment, it seems you had to have filed your I-130 prior to 2001. So I wouldn't qualify?
Last edited by Pootie-Tang; 07-30-2020 at 03:52 PM..
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#5
07-30-2020, 04:25 PM
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Quote:
Originally Posted by Pootie-Tang View Post
Thanks for the responses! Is 245(i) needed if I last entered the US through AP about 4 years ago? I have accumulated unlawful presence prior to DACA though. Demise - I was over 21 when I applied for my I-130 (applied around November 2015).

Also, looking at the USCIS's page on the 245(i) adjustment, it seems you had to have filed your I-130 prior to 2001. So I wouldn't qualify?
Nope, also AP really helps only in cases where you're an immediate relative of a US Citizen, that is:
Spouse
Parent of a USC aged at least 21
Unmarried child under 21

In your case you'll need to do an I-601A waiver which you can do since you have an LPR Parent.
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#6
07-30-2020, 04:55 PM
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Thank you again. If you have any experience with this, how hard is it to prove "extreme hardship" as it relates to your parents and the I-601A waiver?
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#7
07-30-2020, 05:55 PM
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Quote:
Originally Posted by Pootie-Tang View Post
Thank you again. If you have any experience with this, how hard is it to prove "extreme hardship" as it relates to your parents and the I-601A waiver?
It's pretty difficult but it's not insurmountable. Get a good lawyer who can handle waivers and you'll be fine.
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#8
08-17-2020, 09:34 AM
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One additional questions. How long did it take for the NVC to contact you after getting your I-130 approved? It's been 3 weeks since I got approved, but have yet to hear from the NVC. Just wondering if that's normal, or if I should follow up somehow.
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#9
08-17-2020, 09:44 AM
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Quote:
Originally Posted by Pootie-Tang View Post
One additional questions. How long did it take for the NVC to contact you after getting your I-130 approved? It's been 3 weeks since I got approved, but have yet to hear from the NVC. Just wondering if that's normal, or if I should follow up somehow.
It takes a while, like expect at least 2-3 months before you get the DS-260. You can call them and give them the USCIS receipt number for the I-130 and see if they received it. Chances are you'll get an answer that's "yes, we got it, we haven't processed it yet".
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#10
08-28-2020, 02:16 PM
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Random question. Just got my NVC notice and also consulted with a local attorney. They sent me a cost estimate for $4,500 :O. Does anyone here know if this is reasonable? They listed the charges as follows:
- Green Card (Family) Application with Consular Processing $3,000
- Waiver of Unlawful Presence $1,050
- Affidavit (Application) $500
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