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#19
07-31-2016, 01:45 PM
Senior Member
From Minnesota
Joined in Nov 2009
6,010 posts
Demise
Quote:
Originally Posted by daca2060 View Post
1>Do I need the waiver if I came with Visa to this country?

2>What if I had a period of work with an expired DACA.

3> and last question (I hope): Could I apply for I-140 and i-130 simultaneously?
1) Yes. You need the waiver because you can't adjust status in US. You have to leave and undergo consular processing, which normally would trigger the 10 year ban, for which you need the waiver.

2) Working illegally does not trigger any bans, it will not be a factor when applying for an immigrant visa abroad.

3) Yes, there is no limit as to the amount of immigrant petitions filed on your behalf.

Quote:
Originally Posted by DACA-IR-DA View Post
What do you mean it takes care of the 10 year ban? While in USA?
No.
Basically you cannot adjust status in US after living here illegally unless:
1) You entered US legally and are applying to adjust as an immediate relative of a US citizen (spouse of a US citizen, parent of a US citizen over 21, child under 21 of a US citizen).
2) You're covered under 245(i)

To get a green card via other means you'd need to leave US and attend a consular interview, however you leaving would trigger a 10 year ban, for which you need this waiver.
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