Thread: DACA to AOS
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#2909
11-23-2018, 11:54 PM
Senior Member
Joined in Jun 2016
273 posts
Quote:
Originally Posted by rachelguzman View Post
Hello all!

Self-filing for AOS.

Just wanted to clarify some things before sending everything in.
Along with all the supplemental documents, the forms I am submitting are:

I-485
I-130 and I-130a
I-765
I-131
I-693
I-G25a for husband and I
I-864

..phew.

My question is - for form I-485, under "General eligibility and inadmissibility grounds," one of the questions is "Have you EVER violated the terms or conditions of your nonimmigrant status?"

I was unsure if the answer to that will be YES or NO. My parents brought me here under B1/B2 visitor visa when I was 5. We then transitioned to a L1/L2 business visa which was initially renewed but then denied extension the following year. So, I overstayed unlawfully for about 15 years until DACA came around in 2012. Ever since DACA, I haven't violated any laws and kept up with my renewals. I also traveled several times with DACA Advance parole (while it was around).
In that case, should I answer YES or NO to that question?

Also, I'm assuming I don't need to file a 245(i) since I've traveled and entered the country with AP before applying for AOS?

Last question, forms I-130 and I-130a that I found on the USCIS website both have an expiration of 7/31/18 and I can't seem to find any updated forms :/ Should I just file the ones they have on there?

Thank you in advance!!
hmmm thats a tricky question....maybe someone can chime in and help answer this question? I used 245(i) and adjusted my status and got my green card. Since you left with advance parole and came back into the country legally I believe all you would need is to make a copy of your biographic page and the stamp on your passport showing you were admitted into the US legally, but not sure because things have changed in immigration policies since the trump administration. you might want to seek a lawyer if no one can answer your question.
__________________
(I-751) Removal of Conditions Delivered: 11/30/2018
Notice of Action: TBA
Biometrics: TBA
Case Ready For Interview: TBA
Interview: TBA (I-751) approved: TBA
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