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DAP Forums > DREAM Act > The Lounge

Provisional waivers for unlawful presence - Page 2

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#11
11-24-2014, 12:24 AM
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I am still trying to make sense of the whole waiver thing. Both of my parents are US citizens and the visa became available last year. I entered the United States in 1994 with a tourist visa and overstayed my visa with my parents. I am wondering if the waiver can be used in my case.
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Application received at center: 8-30-2012
EAC received: 12-23-2012
SS received: 12-31-2012 -DONE-
Renewal received and routed to Nebraska : 8-21-2014
Renewal Approved 11-14-2014
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#12
11-24-2014, 01:44 AM
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Quote:
Originally Posted by ceramicpapi View Post
I am still trying to make sense of the whole waiver thing. Both of my parents are US citizens and the visa became available last year. I entered the United States in 1994 with a tourist visa and overstayed my visa with my parents. I am wondering if the waiver can be used in my case.
When was the petition filed? If it was filed before 04-30-2001 And you have remained single and in the country continuously since December 2000. You don't need a waiver and can adjust your status under 245(i).
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#13
11-24-2014, 01:50 AM
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Quote:
Originally Posted by Moizy View Post
What do you guys suggest? Should I wait for some sort of immigration reform? Or file to adjust status because my mother is a permanent resident?
Might as well have her file a petition. She should have done that soon as she became an LPR anyway. Maybe you will marry a US citizen before the priority date. But what if that doesn't happen? What if by some miracle immigration reform does pass sometime in the future. Then you might be in luck.
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#14
11-25-2014, 12:14 AM
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Quote:
Originally Posted by txgirl View Post
When was the petition filed? If it was filed before 04-30-2001 And you have remained single and in the country continuously since December 2000. You don't need a waiver and can adjust your status under 245(i).
I have stayed single and have never left the united states . The petition was filed back in like 2006 when my parents became permanent resident so no 245i for me.
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Application received at center: 8-30-2012
EAC received: 12-23-2012
SS received: 12-31-2012 -DONE-
Renewal received and routed to Nebraska : 8-21-2014
Renewal Approved 11-14-2014
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#15
11-25-2014, 06:38 AM
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Quote:
Originally Posted by ceramicpapi View Post
I have stayed single and have never left the united states . The petition was filed back in like 2006 when my parents became permanent resident so no 245i for me.
As soon as they redefine "extreme hardship" and do rulemaking on all the new guidelines and regulations, you should apply for a waiver. But speak to an attorney when the definitions and rules change.

That's what I'll be doing.
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#16
11-25-2014, 10:13 AM
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Does the petitioner have to be an immediate relative? or can it be a brother? My mom was petitioned by her brother back in 2002 (no 245I), but my grandparents are citizens now.

Does that mean she can adjust?
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Date Application Sent - 9/12/2012
Date Delivered - 9/13/2012
Date of I-797 C Notice of Action - 9/18/2012
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#17
11-25-2014, 01:12 PM
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Correct me if I am wrong... But i think no.
Each petition is different and time waited is not shared.
__________________
Application received at center: 8-30-2012
EAC received: 12-23-2012
SS received: 12-31-2012 -DONE-
Renewal received and routed to Nebraska : 8-21-2014
Renewal Approved 11-14-2014
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