Hi Demise, do you know why I would have to DEPART the united states? is it because i would have to change my status from DACA to something else (visa) before I can actually do the step of applying for the green card?
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Originally Posted by Demise
In order to adjust by work you'd need 245(i), there's no other way around it.
Alternatively you could do an I-601A waiver if you have a USC/LPR Spouse or Parent.
3/10 year ban is applied when you DEPART the United States.
You are not eligible to adjust via work because you overstayed and worked illegally. Only immediate relatives of US citizens can adjust after overstay or/and illegal employment. Immediate relatives being: Spouses, parents (of USC aged 21 or more), children (under 21) of US citizens.
Now since you can't adjust - you'd need to undergo consular processing, but consular processing, since you have to travel abroad, would trigger the 3/10 year ban. So you'd need a waiver (I-601 or I-601A), and you can only get it if you have a USC/LPR, Spouse or Parent
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