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DAP Forums > DREAM Act > The Lounge

APROVED I130 19 YRS AGO ..DACA Approved 2014

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#1
07-09-2014, 03:38 AM
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Joined in Jun 2014
130 posts
foreverblessed28
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Hello you guys was wondering if anyone knew what I can do ..
So I have been here in the U.S Since I was a week old , Yes im serious ..My mom who is a permanent resident who is at this moment trying to become a U.S Citizen ( Justsent in the app for Citizenship a week ago ) Petioned for me ..In 1995 I was born in 1994 anywho I was approved on Jan 31st 1995 ..My mom just never followed trough.Ive went to 2 immigration lawyers and one told me I Can adjust my status and get my resident card in 6 mnths but idk how that really works .then the other one told me I can adjust status and get my resident card in 3mnths.They told me I have to do it before 21 yrs old because my i130 was for a unmarried child of a permanent resident..this was 2yrs ago ..im almost turning 21 :/ on Jan ..do u guys think I can still adjust right before turnin 21..asin like start the process? would it affect me or not count cus im almost turning 21 or it wouldnt matter aslong as I start it before turning 21??
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#2
07-09-2014, 09:35 AM
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First of all: Write proper English, none of us really want to go translating whatever was said here to English. Use periods, commas, and space this thing out. I know schools tell you to write 8+ sentences in a paragraph, in all reality, one idea = one paragraph.

Second of all, being sponsored on or before January 14th 1998 puts you under the old 245(i), where you are eligible to adjust status, and do not need to prove physical presence in US. You meet this requirement.

Since your application was approved before CSPA came into effect you're not eligible for this protection, and even if - in order to remain eligible it'd need to be pending for longer than you've been over 21 on the day your priority date becomes current. (ex. you're 23 years 2 months and 2 days old the application must've been pending for at least 2 years 2 months and 3 days). Another part is that if the parent naturalizes - your CSPA age becomes the day that naturalization took place, so it would not help you at all.

So what happens now?

Your old sponsorship application is still valid, it's not considered abandoned because there's nothing to carry on with due to the backlog, when your old priority date in 1995 will become current* , you will file for adjustment of status under 245(i). You will send the complete adjustment packet, and attach form I-485 supplement A (on which you will check box 1a, mark whatever inadmissibilities to US in part 2). There is a an extra $1000 penalty for adjustment under 245(i).

* - (F2B if your mother hasn't naturalized by then, or F1 or F2B if she has, both F1 and F2B are roughly at the same priority date, you get to pick under CSPA's other provision)

You will be allowed to adjust status in US under 245(i), and you have about 1-1.5 years of waiting before you're able to do so.

The above assumes that you're from Mexico. If you're not then your priority date already passed and you're eligible to file for adjustment.
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Last edited by Demise; 07-09-2014 at 09:44 AM..
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#3
07-09-2014, 10:09 AM
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Sorrybrah
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That's pretty irresponsible of your mother. Many of us would pay to have that opportunity.
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#4
07-09-2014, 10:26 AM
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Man this is why I hate ignorant people immigrants who make the rest of us look bad.

I would seriously resent her for a while
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#5
07-09-2014, 10:35 AM
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joanna land
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Wait a minute, did you say you just found out about this after 19 years OMG , this is terrifying i really wish i could knew more about this and give you an advice,
But just try to really make something im not sure if you speak spanish but my mom used to tell me " mueve cielo y tierra si asi tiene que ser" literally of course, this is a great opportunity that u might not want to miss, even if the opportunity comes only with 6 month left make those 6 months worth, for some reason you got to find out before it was too late think about that . Wishing u best of luck !!!
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#6
07-09-2014, 12:46 PM
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Joined in Jun 2014
130 posts
foreverblessed28
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Quote:
Originally Posted by Demise View Post
First of all: Write proper English, none of us really want to go translating whatever was said here to English. Use periods, commas, and space this thing out. I know schools tell you to write 8+ sentences in a paragraph, in all reality, one idea = one paragraph.

Second of all, being sponsored on or before January 14th 1998 puts you under the old 245(i), where you are eligible to adjust status, and do not need to prove physical presence in US. You meet this requirement.

Since your application was approved before CSPA came into effect you're not eligible for this protection, and even if - in order to remain eligible it'd need to be pending for longer than you've been over 21 on the day your priority date becomes current. (ex. you're 23 years 2 months and 2 days old the application must've been pending for at least 2 years 2 months and 3 days). Another part is that if the parent naturalizes - your CSPA age becomes the day that naturalization took place, so it would not help you at all.

So what happens now?

Your old sponsorship application is still valid, it's not considered abandoned because there's nothing to carry on with due to the backlog, when your old priority date in 1995 will become current* , you will file for adjustment of status under 245(i). You will send the complete adjustment packet, and attach form I-485 supplement A (on which you will check box 1a, mark whatever inadmissibilities to US in part 2). There is a an extra $1000 penalty for adjustment under 245(i).

* - (F2B if your mother hasn't naturalized by then, or F1 or F2B if she has, both F1 and F2B are roughly at the same priority date, you get to pick under CSPA's other provision)

You will be allowed to adjust status in US under 245(i), and you have about 1-1.5 years of waiting before you're able to do so.

The above assumes that you're from Mexico. If you're not then your priority date already passed and you're eligible to file for adjustment.

sorry lol. Just to lazy to do all that essay crap ..lol And well like I said I have been here since I was a week old , Therefore Ive been to pre -K all the way to the end of H.S
soooo in other words and simple words I can adjust still before I turn 21 this January..? What do u mean if im from Mexico? what does that have to do with my priority date? Why wouldnt it already passed if its been over 19 yrs
Last edited by foreverblessed28; 07-09-2014 at 12:57 PM..
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#7
07-09-2014, 12:50 PM
Senior Member
Joined in Jun 2014
130 posts
foreverblessed28
0 AP
Quote:
Originally Posted by Demise View Post
First of all: Write proper English, none of us really want to go translating whatever was said here to English. Use periods, commas, and space this thing out. I know schools tell you to write 8+ sentences in a paragraph, in all reality, one idea = one paragraph.

Second of all, being sponsored on or before January 14th 1998 puts you under the old 245(i), where you are eligible to adjust status, and do not need to prove physical presence in US. You meet this requirement.

Since your application was approved before CSPA came into effect you're not eligible for this protection, and even if - in order to remain eligible it'd need to be pending for longer than you've been over 21 on the day your priority date becomes current. (ex. you're 23 years 2 months and 2 days old the application must've been pending for at least 2 years 2 months and 3 days). Another part is that if the parent naturalizes - your CSPA age becomes the day that naturalization took place, so it would not help you at all.

So what happens now?

Your old sponsorship application is still valid, it's not considered abandoned because there's nothing to carry on with due to the backlog, when your old priority date in 1995 will become current* , you will file for adjustment of status under 245(i). You will send the complete adjustment packet, and attach form I-485 supplement A (on which you will check box 1a, mark whatever inadmissibilities to US in part 2). There is a an extra $1000 penalty for adjustment under 245(i).

* - (F2B if your mother hasn't naturalized by then, or F1 or F2B if she has, both F1 and F2B are roughly at the same priority date, you get to pick under CSPA's other provision)

You will be allowed to adjust status in US under 245(i), and you have about 1-1.5 years of waiting before you're able to do so.

The above assumes that you're from Mexico. If you're not then your priority date already passed and you're eligible to file for adjustment.
Quote:
Originally Posted by Sorrybrah View Post
That's pretty irresponsible of your mother. Many of us would pay to have that opportunity.
yes I know ..How do u think I feel :/Being here since I was 1 week old.
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#8
07-09-2014, 12:52 PM
Senior Member
Joined in Jun 2014
130 posts
foreverblessed28
0 AP
Quote:
Originally Posted by Pianoswithoutfaith View Post
Man this is why I hate ignorant people immigrants who make the rest of us look bad.

I would seriously resent her for a while
well I have always been sad and hurt..But she is my mother and I am a mother also so Therefore that's why im doing what needs to be done on my own :/
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#9
07-09-2014, 12:55 PM
Senior Member
Joined in Jun 2014
130 posts
foreverblessed28
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Quote:
Originally Posted by Pianoswithoutfaith View Post
Man this is why I hate ignorant people immigrants who make the rest of us look bad.

I would seriously resent her for a while
Quote:
Originally Posted by joanna land View Post
Wait a minute, did you say you just found out about this after 19 years OMG , this is terrifying i really wish i could knew more about this and give you an advice,
But just try to really make something im not sure if you speak spanish but my mom used to tell me " mueve cielo y tierra si asi tiene que ser" literally of course, this is a great opportunity that u might not want to miss, even if the opportunity comes only with 6 month left make those 6 months worth, for some reason you got to find out before it was too late think about that . Wishing u best of luck !!!
Ive always been told by my family that I was approved and that my mom jus never followed trough but Jus 4 yrs ago she found the reciept where my case # is on .I needed that paper in order to seek help ..so yeah and thanks !!Hopefully I start working soon and save up and be able to adjust..I mean I feel like A U.S Citizen myself .Ive been here since I was a week old man :/
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#10
07-09-2014, 01:11 PM
Senior Member
From Minnesota
Joined in Nov 2009
5,989 posts
Demise's Avatar
Demise online
0 AP
Quote:
Originally Posted by foreverblessed28 View Post
Ive always been told by my family that I was approved and that my mom jus never followed trough but Jus 4 yrs ago she found the reciept where my case # is on .I needed that paper in order to seek help ..so yeah and thanks !!Hopefully I start working soon and save up and be able to adjust..I mean I feel like A U.S Citizen myself .Ive been here since I was a week old man :/
What country are you from? If Mexico then you still need to wait a little, if any other then you're eligible to adjust already.
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