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DAP Forums > DREAM Act > The Lounge

some questions on AP and I601A status adjust

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#1
10-14-2021, 09:30 AM
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Hi guys,
Can someone help me to understand my options better? I'm EWI, and i am considering if i should use AP or I601A to adjust my status if possible. My parent is a green card holder through the process of I601A as well.
If i go through AP to clear my EWI, after i return to the US, could my parent petition me to adjust my status? If so what process would that be?
I601A is a much longer process and i know it works...

Any input is welcome.

Thanks
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#2
10-14-2021, 06:30 PM
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Go with the I-601A. AP only really helps in cases of Immediate Relatives of US Citizens (spouses, parents, and unmarried children under 21), since there the only roadblock is the EWI and violations of status don't matter.

So basically the process with the I-601A looks like this:
File I-130
Wait for approval
Wait for priority date to become current
Pay the DS-260 filing fee
File I-601A
Wait for approval
File DS-260
Give them whatever documentation they want
Leave, go attend your consular appoint, get your immigrant visa, return to US
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#3
10-14-2021, 06:37 PM
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Quote:
Originally Posted by Demise View Post
Go with the I-601A. AP only really helps in cases of Immediate Relatives of US Citizens (spouses, parents, and unmarried children under 21), since there the only roadblock is the EWI and violations of status don't matter.

So basically the process with the I-601A looks like this:
File I-130
Wait for approval
Wait for priority date to become current
Pay the DS-260 filing fee
File I-601A
Wait for approval
File DS-260
Give them whatever documentation they want
Leave, go attend your consular appoint, get your immigrant visa, return to US
I briefly consulted a local immigrate organization, they said the I-601A process could take up to 7 years and will be voided if i get married. Is this true though? 7 years is a long time but if there is no other way, i have to do it regardless
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#4
10-14-2021, 06:59 PM
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Quote:
Originally Posted by theguywitheyes View Post
I briefly consulted a local immigrate organization, they said the I-601A process could take up to 7 years and will be voided if i get married. Is this true though? 7 years is a long time but if there is no other way, i have to do it regardless
7 years seems about right for an F2B petition. You can do AP prospectively of some future marriage to a US Citizen, but with the F2B it won't help.
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#5
10-14-2021, 08:49 PM
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Quote:
Originally Posted by Demise View Post
7 years seems about right for an F2B petition. You can do AP prospectively of some future marriage to a US Citizen, but with the F2B it won't help.
Got it. Thanks for the info. What if my parent becomes a US citizen, would that help me in any way as well?
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#6
10-14-2021, 09:19 PM
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Quote:
Originally Posted by theguywitheyes View Post
Got it. Thanks for the info. What if my parent becomes a US citizen, would that help me in any way as well?
It'd up you from F2B to F1, and if you were to marry past their naturalization that'd move you down into F3 rather than kill the petition.

F1 and F2B tend to be backlogged about as much, and ultimately it's your call whether you want to take the upgrade or not.
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#7
10-15-2021, 12:51 AM
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Why not do both? I'm doing both.
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