i130 GC eligibility given unlawful presence

Fellow dreamers,

Over a decade ago, my uncle who is a USC petitioned for my mom through i130 and her date is current now. I was hoping that I can get to adjust my status along with her GC application (think I'm eligible for CSPA because I was 16 at the time), but this all seems to be in question given my 3+ years of accrued unlawful presence (I was over 21 when DACA was approved). I was advanced paroled twice before so my EWI is not an issue. Is there a chance that I can still adjust my status via my mom/uncle? I thought I would ask if anyone has any knowledge....

Your mother has to file I-485. What is her PD? She cannot file for I-130 for you until she is a Parmanent Resident Resident.

CSPA applies only if AOS was filed before you turned 21. How old are you now?

Your case is similar to mine. You will need to qualify under 245i or an approved I-601A.

If you depart USA then you will be banned for 10 years.

She said she left the country and came back with advance parole through daca. That means that her EWI is cleared because she was admitted legally back to the USA.

Did you have any petition on or before 4/30/01? If not, you have to file for I-601A when a Visa is available. Check monthly on Visa Bulletin for updates.

The hardest part is proving 'Extreme Hardship'. I suggest a very experienced lawyer that deals with these type of cases.

She said she left the country and came back with advance parole through daca. That means that her EWI is cleared because she was admitted legally back to the USA. The problem now is how is this person gonna adjust there the status? Through marriage or if her mom gets her green card then a family petition.

Through her mother when she becomes a PR.

What age are you now? Are you under 21? If not you have to subtract the amount of years your visa petition was pending (not the amount of years that it took for your priority date to become current). If you are lucky that amount of time the petition was pending will lower your age to 21. It's a stupid rule, but unfortunately it looks like it is here to stay.

For CSPA to apply: Beneficiary's PD date has to be before she would turn 21 right? That way she would be filing I-130 and I-485 at the same time.

Technically CSPA applies as long as you were a minor when the petion your are a beneficiary of was files. Though CSPA doesn't always reduce your age low enough to help you.

Example:

However if this same person had a visa petition only pending for 1 year instead of five:

The PD has to be before one turns 21 though.