DACA to AOS via USC Parent

Hello Everyone,

Just trying to get all ducks in a row.

Currently on DACA myself, from visa overstay 20+ yrs ago.
USC Parent filed I-130 (unmarried adult children F1 category), and its approved.
NVC Visa is now current, so can apply for I-485, along with Surgeons medical forms, and i guess another I-765 form.

Am i missing anything? Working to identify a lawyer to do all the paperwork and guide me, but looking for comments on similar cases from DAP Family Please share your experience and timelines if possible.

I was recently approved for F2B. You will also need a financial sponsor unless you have 40 working credits via social security.

You'd need to be grandfathered under 245(i) to adjust as an F1 after an overstay. If that's the case then you file as normal just include I-485 Supplement A and an extra $1000 fee.

If not then you have to do an I-601A and do consular processing.

If the parent Naturalizes before a petition is approved will I be moved from F2B to F1? Currently have a pending f2b petition and my parent is planning to naturalize

What’s your PD?

Thanks for response. The lawyer i met did mention i will need to wait more 2-3 yrs more for the I-601A waiver, and then travel overseas to get visa. This is because of the 241(i) clause, i was a beneficiary of another case which has a PD of Oct. 1999, however i guess it required the main beneficiary to be present in the USA by Dec 21, 2000. We moved to USA in Sep. 2001.

Any way i could do advanced parole and go do interview in my country without the waiver?

In this case, yes - for petitions filed between January 15, 1998 - April 30, 2001 the primary beneficiary of the petition had to be physically in US on December 21, 2000. You missed the boat on that one, so you'll need to go via I-601A.

If memory serves Swim19 had 245(i) coverage.

Yeah but you can decline the upgrade. You basically write a letter to the NVC that's "parent naturalized, here's a copy of naturalization certificate" and either "upgrade me to F1" or "I decline the upgrade to F1, keep me in F2B". Your call depending on the priority dates and you don't have to contact them until the time comes. Historically it's been better to stay in F2B, but currently F1 is less backlogged than F2B for every country aside Mexico.

Just stay unmarried until then, marriage will either kill the petition (before parent naturalizes) or drops you into F3 (after parent naturalizes). Then death/divorce/annulment would upgrade you back to F1, there's no legal way to turn an F3 back into an F2B.

Yes, my luck ran out, have to go through 601A process. Not sure on approval chances, but only solution i have for now unless marriage to a USC happens haha.