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DAP Forums > DREAM Act > The Lounge

Discretionary Options for Military Members, Enlistees and Their Families

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#1
07-29-2023, 04:15 PM
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deiguer
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Has anyone here or that you know ever been able to use this option and can share their experience. I have a family member who can be petitioned by a US citizen family member, but needs a 601A due to having accrued illegal presence. This means he would eventually have to back to his home coutry for a consular interview, which is very risky since if rejected he would be stuck there an unable to come back to USA. His US citizen just turned 20 and is considering different options for studying but also considering the army or air force. Just wondering how that really works and if being part of any part of the army/navy/air force or national guard is enough. Please share if you have any information on this topic. Thank you!

https://www.uscis.gov/military/discr...their-families
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Renewal Sent: 1/22/2018 Renewal Delivered: 1/23/2018
Renewal Accepted and routed to IOE: 1/25/2018
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#2
08-02-2023, 07:01 AM
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Quote:
Originally Posted by deiguer View Post
Has anyone here or that you know ever been able to use this option and can share their experience. I have a family member who can be petitioned by a US citizen family member, but needs a 601A due to having accrued illegal presence. This means he would eventually have to back to his home coutry for a consular interview, which is very risky since if rejected he would be stuck there an unable to come back to USA. His US citizen just turned 20 and is considering different options for studying but also considering the army or air force. Just wondering how that really works and if being part of any part of the army/navy/air force or national guard is enough. Please share if you have any information on this topic. Thank you!

https://www.uscis.gov/military/discr...their-families
Who's looking to sponsor who? USC Child petitioning a parent? Also, unlawful presence or EWI?
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#3
08-04-2023, 09:00 PM
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deiguer
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My father is the one who is still undocumented. He has a daughter USC 38 years old, his wife PR and son 20 years old USC too. He overstayed his visa back in 2001 and has not left USA since then. My understanding is he will need a 601A for accruing illegal presence and if approved, go to his home country for the consular interview.

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Who's looking to sponsor who? USC Child petitioning a parent? Also, unlawful presence or EWI?
__________________
Expiration: 8/31/2018

Renewal Sent: 1/22/2018 Renewal Delivered: 1/23/2018
Renewal Accepted and routed to IOE: 1/25/2018
Bios scheduled: 1/27/2018 Bio appointment date: ?
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#4
08-04-2023, 09:52 PM
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Quote:
Originally Posted by deiguer View Post
My father is the one who is still undocumented. He has a daughter USC 38 years old, his wife PR and son 20 years old USC too. He overstayed his visa back in 2001 and has not left USA since then. My understanding is he will need a 601A for accruing illegal presence and if approved, go to his home country for the consular interview.
What visa did he overstay exactly? As long as it's nothing weird like C, D, or K, just have the 38 year old sponsor him and he'll be able to adjust without leaving US, I-601A, or any of that jazz. Parents of USCs are immediate relatives, same as spouses and can adjust after an overstay.
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#5
08-05-2023, 11:17 PM
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deiguer
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His visa was tourist B1/B2. Thank you for the information.

Quote:
Originally Posted by Demise View Post
What visa did he overstay exactly? As long as it's nothing weird like C, D, or K, just have the 38 year old sponsor him and he'll be able to adjust without leaving US, I-601A, or any of that jazz. Parents of USCs are immediate relatives, same as spouses and can adjust after an overstay.
__________________
Expiration: 8/31/2018

Renewal Sent: 1/22/2018 Renewal Delivered: 1/23/2018
Renewal Accepted and routed to IOE: 1/25/2018
Bios scheduled: 1/27/2018 Bio appointment date: ?
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