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DAP Forums > DREAM Act > The Lounge

Provisional unlawful presence waivers for children of LPRs and USCs - Page 2

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#11
11-21-2014, 05:16 PM
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Very exciting news indeed. However, even if we are now considered immediate relatives wouldn't we be subject to the visa bulletin? If so, there are major backlogs with the F2B category (unmarried sons and daughters of LPR) especially for Mexico, China, India and the Philippines.
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#12
11-21-2014, 05:21 PM
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Quote:
Originally Posted by njrunner09 View Post
Very exciting news indeed. However, even if we are now considered immediate relatives wouldn't we be subject to the visa bulletin? If so, there are major backlogs with the F2B category (unmarried sons and daughters of LPR) especially for Mexico, China, India and the Philippines.
I just don't see anything on there website saying anything about a LPR petitioning a spouse, son or daughter now becoming immediate relatives once they are petitioned by a green card holder.
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#13
11-21-2014, 05:30 PM
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Here is the link to the Department of State website. http://travel.state.gov/content/visa...mber-2014.html

Does anyone have any insight?
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#14
11-21-2014, 06:54 PM
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Quote:
Originally Posted by AlexanderMQ View Post
Really?! So I can have my mother "she is a green card holder" to petition a I-130 I-485 ect.. for me this year and I'll be considered an immediate relative?!!? Just wanna make sure that this is true.i haven't read anywhere on there site saying that being petitioned by a LPR(green card holder) will now be considered a immediate relative?
I said approved I-130. You will be considered an immediate relative when USCIS publishes the new guidelines and regulations. You will still have to wait for your priority date to be current before a visa is available, which will probably take 7-10 years, unless you're from a country with a major backlog. But when that happens, you will be able to get a waiver, provided that rule is still in effect. Your mother should have petitioned for you when she first got the chance to do so.

Quote:
Originally Posted by njrunner09 View Post
Very exciting news indeed. However, even if we are now considered immediate relatives wouldn't we be subject to the visa bulletin? If so, there are major backlogs with the F2B category (unmarried sons and daughters of LPR) especially for Mexico, China, India and the Philippines.
Yes, you will still have to wait because Obama did not announce anticipated visa number availability changes, which would have eliminated the backlogs.
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Last edited by yurchie; 11-21-2014 at 06:59 PM..
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11-21-2014, 07:26 PM
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Quote:
Originally Posted by yurchie View Post
I said approved I-130. You will be considered an immediate relative when USCIS publishes the new guidelines and regulations. You will still have to wait for your priority date to be current before a visa is available, which will probably take 7-10 years, unless you're from a country with a major backlog. But when that happens, you will be able to get a waiver, provided that rule is still in effect. Your mother should have petitioned for you when she first got the chance to do so.



Yes, you will still have to wait because Obama did not announce anticipated visa number availability changes, which would have eliminated the backlogs.
Go back threw your text, you never said anything about a previous I-130 approved.
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11-21-2014, 11:55 PM
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Oh really?

Quote:
Originally Posted by yurchie View Post
This practically eliminates the chances of 10 year bars being issued for most people with unlawful presence and approved I-130 petitions.

FYI.

Waiting for confirmation from official sources in the next few months.

I am not a lawyer so don't quote me.


http://www.uscis.gov/immigrationaction#3
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#17
11-22-2014, 12:43 AM
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Quote:
Originally Posted by yurchie View Post
Oh really?
Not talking about that, look at what I first posted in thread and read what you first replied to my first post. You said "Yes.."
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#18
11-22-2014, 04:17 AM
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The answer is still yes. Future I-130 beneficiaries will be immediate relatives, regardless of age.
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11-22-2014, 04:24 AM
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Any updates on how extreme hardship has changed, if at all?
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#20
11-22-2014, 04:50 AM
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Extreme hardship currently is very hard to attain. The current guidelines have a high standard. Hopefully the new guidelines would ease the process. While most immigration cases can be done by yourself this is one where seeking an attorney is recommended.

Lou

Quote:


Source: http://www.uscis.gov/immigrationaction#3


3. Provisional waivers of unlawful presence
Who

Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:
The sons and daughters of U.S. citizens; and
The spouse and sons or daughters of lawful permanent residents.

What

Expands the provisional waiver program announced in 2013 by allowing the spouses, sons or daughters of lawful permanent residents and sons and daughters of U.S. citizens to get a waiver if a visa is available. There may be instances when the qualifying relative is not the petitioner.
Clarifies the meaning of the “extreme hardship” standard that must be met to obtain a waiver.

Notes: Currently, only spouses and minor children of U.S. citizens are allowed to apply to obtain a provisional waiver if a visa is available. For more information about the waivers program, go to the Provisional Unlawful Presence Waivers page which will be updated over the next several months.
When

Upon issuing of new guidelines and regulations.

How

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