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DAP Forums > DREAM Act > The Lounge

What are my chances of getting a Green Card through my mom?

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#1
09-06-2020, 06:24 PM
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Want to hear some more opinions of our forum members:

I was brought to US legally when I was 11 or 12 and overstayed my visa. In 2019 my mom who is a US citizen filed I-130 petition for me her unmarried son who is over 21. To my surprise the line is moving pretty quickly and I have to wait about 2 more years.

I know after the approval I will have to apply for a waiver due to unlawful presence in the country. I did some research on google and found this information: "You won't accrue unlawful presence for purposes of the three and ten year time bars described above if and when you: were under the age of 18.

So since I was under 18 I should get a waiver right and have a chance to get a Green Card?
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#2
09-06-2020, 07:32 PM
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well once you turned 18 you started accruing unlawful presence. But it's still much easier for you since you can marry a fatty and get a GC since you came here legally.
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#3
09-06-2020, 08:02 PM
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Quote:
Originally Posted by lakers1824 View Post
well once you turned 18 you started accruing unlawful presence. But it's still much easier for you since you can marry a fatty and get a GC since you came here legally.
You start to accumulate it after your visa expires. My visa expired when I was 12. And obviously I couldn't go back home.
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#4
09-06-2020, 10:20 PM
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Quote:
Originally Posted by Outsider626 View Post
You start to accumulate it after your visa expires. My visa expired when I was 12. And obviously I couldn't go back home.
Your lawful presence ended when your I-94 expired, not your visa. If you came with a visitor visa, your I-94 was valid for 6 months since entry.

Unlawful presence isn’t counted until after your 18th birthday. If you’re covered by DACA, you don’t accrue unlawful presence unless if you let it expire.
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#5
09-06-2020, 10:39 PM
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Quote:
Originally Posted by Malign0n View Post
Your lawful presence ended when your I-94 expired, not your visa. If you came with a visitor visa, your I-94 was valid for 6 months since entry.

Unlawful presence isn’t counted until after your 18th birthday. If you’re covered by DACA, you don’t accrue unlawful presence unless if you let it expire.
Yes. But I had DACA from when I turned 23. So basically 5 years I was unlawfully present in the US which is a 10 year ban. I'm wondering if my waiver would get approved since I was brought here as a kid.
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#6
09-07-2020, 01:48 AM
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Quote:
Originally Posted by Outsider626 View Post
Yes. But I had DACA from when I turned 23. So basically 5 years I was unlawfully present in the US which is a 10 year ban. I'm wondering if my waiver would get approved since I was brought here as a kid.
I've done cases like that and had them approved (child needing a waiver through a USC/LPR parent). Get a lawyer that can do I-601A waivers and you will probably get it approved.
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#7
09-07-2020, 10:33 AM
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Your chances are pretty good. That was my case except I didn't qualify for DACA. I got my GC exactly a year ago.
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#8
09-07-2020, 03:04 PM
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Quote:
Originally Posted by NotADreamerPerSe View Post
Your chances are pretty good. That was my case except I didn't qualify for DACA. I got my GC exactly a year ago.
Congrats. So you were brought here as a kid, didn't qualify for DACA, and after you were 21 got a GC through your mom?
Last edited by Outsider626; 09-07-2020 at 06:13 PM..
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#9
09-07-2020, 03:05 PM
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Quote:
Originally Posted by Demise View Post
I've done cases like that and had them approved (child needing a waiver through a USC/LPR parent). Get a lawyer that can do I-601A waivers and you will probably get it approved.
Will do so. Thanks!
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#10
09-07-2020, 04:36 PM
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Quote:
Originally Posted by Demise View Post
I've done cases like that and had them approved (child needing a waiver through a USC/LPR parent). Get a lawyer that can do I-601A waivers and you will probably get it approved.
My case is the same. In order to get the I-601A waiver, do I need to live in the same town/household as my mom? If we live separately, I assume that hardship wouldn't apply. I am planning to move out of state, so should I try getting the waiver before moving?

I am worried that waiver will be a waste of time since I don't see how I can show hardship for my mom, much less extreme hardship.
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