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DAP Forums > DREAM Act > The Lounge

Question about employment based green card

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#1
04-15-2023, 12:13 PM
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FarikoXpress
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I have DACA, and legal entry with advanced parole. I will be a pharmacist (PharmD degree) if I do find a employer to sponsor me, would I be able to obtain a green card from employment based green card? How long would wait time be if I qualify? Thank you!
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#2
04-15-2023, 07:56 PM
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Pianoswithoutfaith's Avatar
Pianoswithoutfaith
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Unless you have a petition for you or that one i something then no
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#3
04-19-2023, 12:13 PM
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Quote:
Originally Posted by FarikoXpress View Post
I have DACA, and legal entry with advanced parole. I will be a pharmacist (PharmD degree) if I do find a employer to sponsor me, would I be able to obtain a green card from employment based green card? How long would wait time be if I qualify? Thank you!
You'd need an employer to sponsor you (do a perm, and file I-140), then you'd either need one of the following:
1. 245(i) coverage - you, parent, or spouse were petitioned in any category or had a PERM labor certification filed on their behalf on or before April 30, 2001. In case of which you'd include I-485 supplement A with your application, pay an extra $1000 fine, include evidence of that petition/certification existing and being approved or being approvable when filed and connection to the primary beneficiary, and you'd get to adjust in US. This can be filed concurrently with the I-140.
2. I-601A waiver, this one requires you to have a USC or LPR, Spouse or Parent(s) who'd suffer extreme hardship from your absence. In this case your employer will file I-140, once that's approved and forwarded to consulate you'll pay for DS-260, file I-601A with evidence that your qualifying relative(s) are USC/LPR and that they'll suffer extreme hardship from your absence. Once I-601A is approved, you'll file DS-260, get your consular interview date, leave the US, go attend the consular interview, get your immigrant visa, and return to US as an LPR.
3. Got DACA before turning 18 years and 180 days old. DACA is a period of authorized stay, so days spent in DACA do not count as unlawful presence for purpose of bans and days under 18 do not count at all. In this case the process will be: Employer files I-140, once approved and forwarded to consulate you'll file DS-260, get your immigrant visa, and return to US as an LPR.
4. You entered in a status that gets admitted for duration of stay (D/S) (F-1, F-2, J-1, J-2, M-1, M-2). In this case you just don't accrue unlawful presence until there's a "formal finding" that you violated your status which requires one of two things: an immigration judge made the finding in course of removal proceedings and entered a removal or voluntary departure order against you or you applied for something with USCIS and were denied. Other than that you can sit like that as a D/S ovestayer pretty much forever. Now I think that AP would break your period but past that DACA should cover you from accruing unlawful presence. The process is the same as with #3, unless you were a J- subject to a foreign residency requirement, in case of which you'd need a no objection statement from your home government's embassy and file DS-3035.
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#4
04-21-2023, 11:44 AM
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dado123
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Quote:
Originally Posted by Demise View Post
You'd need an employer to sponsor you (do a perm, and file I-140), then you'd either need one of the following:
1. 245(i) coverage - you, parent, or spouse were petitioned in any category or had a PERM labor certification filed on their behalf on or before April 30, 2001. In case of which you'd include I-485 supplement A with your application, pay an extra $1000 fine, include evidence of that petition/certification existing and being approved or being approvable when filed and connection to the primary beneficiary, and you'd get to adjust in US. This can be filed concurrently with the I-140.
2. I-601A waiver, this one requires you to have a USC or LPR, Spouse or Parent(s) who'd suffer extreme hardship from your absence. In this case your employer will file I-140, once that's approved and forwarded to consulate you'll pay for DS-260, file I-601A with evidence that your qualifying relative(s) are USC/LPR and that they'll suffer extreme hardship from your absence. Once I-601A is approved, you'll file DS-260, get your consular interview date, leave the US, go attend the consular interview, get your immigrant visa, and return to US as an LPR.
3. Got DACA before turning 18 years and 180 days old. DACA is a period of authorized stay, so days spent in DACA do not count as unlawful presence for purpose of bans and days under 18 do not count at all. In this case the process will be: Employer files I-140, once approved and forwarded to consulate you'll file DS-260, get your immigrant visa, and return to US as an LPR.
4. You entered in a status that gets admitted for duration of stay (D/S) (F-1, F-2, J-1, J-2, M-1, M-2). In this case you just don't accrue unlawful presence until there's a "formal finding" that you violated your status which requires one of two things: an immigration judge made the finding in course of removal proceedings and entered a removal or voluntary departure order against you or you applied for something with USCIS and were denied. Other than that you can sit like that as a D/S ovestayer pretty much forever. Now I think that AP would break your period but past that DACA should cover you from accruing unlawful presence. The process is the same as with #3, unless you were a J- subject to a foreign residency requirement, in case of which you'd need a no objection statement from your home government's embassy and file DS-3035.
Demise your replies are so detailed and I'm sure the fellow Dreamer appreciates your insight.

I was an EB3 with 245i, and had a long immigration history, but was able to adjust to LPR (along with my wife).

Fariko, wish you the best in this endeavor, my advice is to keep an open mind, research yourself and get an idea of immigration laws and of course, seek immigration advice from a trusted immigration lawyer. This forum is a great way to share thoughts and ideas though.
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#5
04-30-2023, 03:22 PM
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251 posts
deiguer
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I was able to do employment based EB2 + I601A (LPR mother) Item#2 listed above. I started my process in 2017 and finally got my green card in Jan 2022. It was a few years, most of my delays were associated to the law firm my company used, were very slow and not very knowledgeable about the I601A part. Had it not been for this forum and Demise I would probably still be stuck waiting in limbo in one of the many steps. Even outside lawyers I consulted gave me the wrong information. Then also covid happened in between. It may seem like a long process, but as long as there is chance for you, you should try it.
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#6
10-03-2024, 12:15 PM
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sk16
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Quote:
Originally Posted by deiguer View Post
I was able to do employment based EB2 + I601A (LPR mother) Item#2 listed above. I started my process in 2017 and finally got my green card in Jan 2022. It was a few years, most of my delays were associated to the law firm my company used, were very slow and not very knowledgeable about the I601A part. Had it not been for this forum and Demise I would probably still be stuck waiting in limbo in one of the many steps. Even outside lawyers I consulted gave me the wrong information. Then also covid happened in between. It may seem like a long process, but as long as there is chance for you, you should try it.
Hi there- curious if during those five years you have to stay at the same company?? Is it hard tonprove hardship for the waiver? Were you still renewing daca during those five years?
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