Adjustment of Status

Has anyone who was/is an unmarried DACA recipient adjusted their status by having a Green Card parent sponsor them? I've read that it can happen but if i did it i would have to apply for advance parole and go back to the country i am from and await a decision. And it's not guarantee.

Any information or help would be great.

Thank you!

First thing first, did you entered without inspection or overstay your visa?

It wouldn't matter anyway because parents aren't considered immediate family.

Unless you’re younger than 21!

Which is unlikely

He'd have to be under 21 and the petitioning parent would need to a USC in order to AOS in country.

If he got DACA while under 18 then he'd have no unlawful presence and could travel abroad to do consular processing without needing a waiver.

Otherwise it's most likely gonna be an F2B petition followed by an I-601A and consular.

I am 32 and my visa expired.

I guess the only way is for me to leave and have my parent sponsor me.

Have them petition for you, wait for priority date to become current, then do I-601A waiver, once that's approved, leave, grab your immigrant visa, and come back as an LPR.

If you can find an employer willing to sponsor you then get the EB-2/3 petition going, once it's approved or priority date becomes current (whichever is later), do an I-601A waiver using your parent as a qualifying relative, once that's approved, leave and grab your immigrant visa.

If you are grandfathered under 245i do you still need the waiver?

No, you can just adjust via any means after paying the $1000 fine if you have 245(i), but honestly the number of people who have 245(i) is getting closer and closer to 0 since it's been almost 20 years now.

True! Hoping to use my 245i in early 2021