Thread: DACA to AOS
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#3069
02-25-2019, 05:53 AM
Senior Member
From Minnesota
Joined in Nov 2009
5,989 posts
Demise
Quote:
Originally Posted by DACA-IR-DA View Post
Oh ok. I-212 if outside of outside of USA right? I-601A is to overcome the 3/10 ban. You mean I-601? Supreme Court is the final option? When if they deny it?
I-212 can be filed after a removal order is entered, there is no requirement for you to actually depart or have a petition approved or pending, there is also no statutory requirement for extreme hardship to anyone, i.e. the waiver is strictly discretionary. Upon approval of I-212 you can file I-601A. The fact that I-130 doesn't have to be approved is why I said file I-130 and I-212 (at the same time), it cuts the wait time since you'll have to wait until both are approved to file I-601A.

This combination takes care of unlawful presence and prior removal order. Of course the problem of having to argue extreme hardship for I-601A still exists.

In regards to appealing immigration court decisions, first step is BIA, if they say no you can file a petition for review in the Court of Appeals, if they stay no you can still try a certiorari before the Supreme Court however the odds of them reviewing a removal order (or really most matters) are very low.

So basically two ways exist in this case, either do the waivers with USCIS and then consular processing, or try to get a motion to reopen so they can adjust. Personally I would try the MTR with the immigration court first, and then if that fails do the waivers, litigating all the way to the top is expensive, a pain in the ass, and your odds do get lower the higher you have to go.
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Last edited by Demise; 02-25-2019 at 05:59 AM..
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