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DAP Forums > DREAM Act > The Lounge

DACA adjusting status through US Citizen Mother

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#1
09-26-2015, 08:43 PM
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Hi everyone,

I am 25 years old (not married) and I came to the US when I was 10 years old with a tourist visa which I overstayed. I am now a DACA recipient and my mother is a US Citizen. She would like to apply for my green card but we have been told I would have to leave the country and not be able to come back for 10 years, and that therefore she should not apply for me. Is this true? has anyone had any experience with this?

Also, I will be leaving the country on Advance Parole, then readmitted lawfully........ will I then be able to apply for a green card through her?

Thank you!
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#2
09-27-2015, 01:21 AM
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Yes it's a loophole , it cancels the 10 year ban and admits you as admissible legally.
Good luck!
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#3
09-27-2015, 01:48 AM
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something i and having done for you before you turned 21
__________________
Quote:
Originally Posted by 2Face View Post
I personally knew that if he wins he's not going to be touching DACA.
Quote:
Originally Posted by 2Face View Post
I hope Trump wins second term.
Quote:
Originally Posted by BestBefore1984 View Post
Tranny is not derogatory term dummy
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#4
09-27-2015, 08:29 AM
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Quote:
Originally Posted by Pianoswithoutfaith View Post
something i and having done for you before you turned 21

Forgot how to English again?


Anyways, unfortunately only thing DACA allows you to cancel out is an original illegal entry. In cases of trying to adjust as an adult child of a US citizen (F1 category), you run into all other issues preventing you from adjusting status, namely failure to maintain continuous lawful status and possibly working illegally.

I-601 waiver may be available to you as that requires one to have a qualifying relative who'd suffer "extreme hardship" from your absence (US citizen or permanent resident, parent or spouse, there is no requirement for you to be under 21 or being a beneficiary of an immediate relative petition).
Biggest problem being that I-601A isn't available to you (planned expansion got tangled into the eDACA/DAPA lawsuit):
1) You'd need to depart US without any guarantee that you're coming back.
2) Adult parent sponsor - adult child beneficiary is a hard case for a hardship waiver, it is doable, but hard and it might go through multiple appeals before someone approves it, not to even mention the phonebook of evidence needed.

I-601A waiver allows you to file a waiver, and wait for approval before leaving. So instead of sitting on nails for a year, if you're approved you go, if you're denied you don't. You can wait for the stupid lawsuit to be resolved and then see what happens. The standard is the same, but at least a denial doesn't equal a 10 year exile.


Another option is cancellation of removal, but that requires an "exceptional and unusually extreme" hardship. A standard that's so far up there that unless your mother is disabled you can forget it. Not to mention that it's a benefit that you can only seek in removal proceedings, so if the judge says no, and the BIA says no, you're getting deported.


So what options do you have really:
1) Take the gamble with the I-601 waiver.
2) Sit and wait for the I-601A waiver.
3) Marry a US citizen.
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#5
09-27-2015, 11:11 AM
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Good morning, everybody. Don't worry, girlgirl19, I do know in this forum a lot of members whom were in our boat. Father/Mother = US citizen, but we are not under age 18, which a minor who can follow and adjust thru mom/dad to be US citizen. "Not green card holder" Mind you that.
I had a mom US citizen too, I came with B2 visa, stay in US/NYC for more than 20 + yrs now.
I've always ask my immigration lawyer, once he has any news, will update me the information. The DAPA and 601A is stuck together now in the court for appeal.
Since we came in NOT Entry Without Inspection, marry a US citizen can adjust status in USA. I wonder a lot, I honesty don't want to take the route, "married".
We will just renew every 2 years with DACA by then.
Until the 601A passes, DACA is with us for now.
In the mean time, go to work, focused on things you do.
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#6
09-27-2015, 08:05 PM
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Quote:
Originally Posted by Demise View Post

Forgot how to English again?


Anyways, unfortunately only thing DACA allows you to cancel out is an original illegal entry. In cases of trying to adjust as an adult child of a US citizen (F1 category), you run into all other issues preventing you from adjusting status, namely failure to maintain continuous lawful status and possibly working illegally.

I-601 waiver may be available to you as that requires one to have a qualifying relative who'd suffer "extreme hardship" from your absence (US citizen or permanent resident, parent or spouse, there is no requirement for you to be under 21 or being a beneficiary of an immediate relative petition).
Biggest problem being that I-601A isn't available to you (planned expansion got tangled into the eDACA/DAPA lawsuit):
1) You'd need to depart US without any guarantee that you're coming back.
2) Adult parent sponsor - adult child beneficiary is a hard case for a hardship waiver, it is doable, but hard and it might go through multiple appeals before someone approves it, not to even mention the phonebook of evidence needed.

I-601A waiver allows you to file a waiver, and wait for approval before leaving. So instead of sitting on nails for a year, if you're approved you go, if you're denied you don't. You can wait for the stupid lawsuit to be resolved and then see what happens. The standard is the same, but at least a denial doesn't equal a 10 year exile.


Another option is cancellation of removal, but that requires an "exceptional and unusually extreme" hardship. A standard that's so far up there that unless your mother is disabled you can forget it. Not to mention that it's a benefit that you can only seek in removal proceedings, so if the judge says no, and the BIA says no, you're getting deported.


So what options do you have really:
1) Take the gamble with the I-601 waiver.
2) Sit and wait for the I-601A waiver.
3) Marry a US citizen.
Was it you or another user here who said Ted Cruz would help immigrants
__________________
Quote:
Originally Posted by 2Face View Post
I personally knew that if he wins he's not going to be touching DACA.
Quote:
Originally Posted by 2Face View Post
I hope Trump wins second term.
Quote:
Originally Posted by BestBefore1984 View Post
Tranny is not derogatory term dummy
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#7
09-27-2015, 09:19 PM
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Quote:
Originally Posted by Pianoswithoutfaith View Post
Was it you or another user here who said Ted Cruz would help immigrants
Probably DA User. My take on Cruz was that we should feed him to the world's slowest meat grinder.
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#8
09-28-2015, 01:47 AM
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30 AP
damn DA user
__________________
Quote:
Originally Posted by 2Face View Post
I personally knew that if he wins he's not going to be touching DACA.
Quote:
Originally Posted by 2Face View Post
I hope Trump wins second term.
Quote:
Originally Posted by BestBefore1984 View Post
Tranny is not derogatory term dummy
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#9
10-03-2015, 10:59 PM
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girlgirl19
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Quote:
Originally Posted by Demise View Post

Forgot how to English again?


Anyways, unfortunately only thing DACA allows you to cancel out is an original illegal entry. In cases of trying to adjust as an adult child of a US citizen (F1 category), you run into all other issues preventing you from adjusting status, namely failure to maintain continuous lawful status and possibly working illegally.

I-601 waiver may be available to you as that requires one to have a qualifying relative who'd suffer "extreme hardship" from your absence (US citizen or permanent resident, parent or spouse, there is no requirement for you to be under 21 or being a beneficiary of an immediate relative petition).
Biggest problem being that I-601A isn't available to you (planned expansion got tangled into the eDACA/DAPA lawsuit):
1) You'd need to depart US without any guarantee that you're coming back.
2) Adult parent sponsor - adult child beneficiary is a hard case for a hardship waiver, it is doable, but hard and it might go through multiple appeals before someone approves it, not to even mention the phonebook of evidence needed.

I-601A waiver allows you to file a waiver, and wait for approval before leaving. So instead of sitting on nails for a year, if you're approved you go, if you're denied you don't. You can wait for the stupid lawsuit to be resolved and then see what happens. The standard is the same, but at least a denial doesn't equal a 10 year exile.


Another option is cancellation of removal, but that requires an "exceptional and unusually extreme" hardship. A standard that's so far up there that unless your mother is disabled you can forget it. Not to mention that it's a benefit that you can only seek in removal proceedings, so if the judge says no, and the BIA says no, you're getting deported.


So what options do you have really:
1) Take the gamble with the I-601 waiver.
2) Sit and wait for the I-601A waiver.
3) Marry a US citizen.

Thank you! I was going to see a lawyer about this - really want to travel with advance parole to see family and was wondering if coming back in with it would help at all...

I've thought about getting married but my boyfriend is also here on a Student Visa.....
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#10
10-03-2015, 11:02 PM
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girlgirl19
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Quote:
Originally Posted by Frutips View Post
Good morning, everybody. Don't worry, girlgirl19, I do know in this forum a lot of members whom were in our boat. Father/Mother = US citizen, but we are not under age 18, which a minor who can follow and adjust thru mom/dad to be US citizen. "Not green card holder" Mind you that.
I had a mom US citizen too, I came with B2 visa, stay in US/NYC for more than 20 + yrs now.
I've always ask my immigration lawyer, once he has any news, will update me the information. The DAPA and 601A is stuck together now in the court for appeal.
Since we came in NOT Entry Without Inspection, marry a US citizen can adjust status in USA. I wonder a lot, I honesty don't want to take the route, "married".
We will just renew every 2 years with DACA by then.
Until the 601A passes, DACA is with us for now.
In the mean time, go to work, focused on things you do.

Hoping things will workout for us
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