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DAP Forums > DREAM Act > The News Room

I-601A Expansion went live. - Page 2

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#11
07-30-2016, 02:02 PM
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daca2060
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Hi,

I have one last question:

The following are the categories for visas:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.



I'm 29 years old, parents are residents:

am I F2A or F2B?

F1 SECOND: "Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents"
F2B : "Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents"


Also, the visa Bulletin shows several categories with different dates, which one would I fall under?

https://travel.state.gov/content/vis...july-2016.html


Its quite confusing because there big differences on dates between the different categories.


Thank you
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Renewal sent to Nebraska on: 05/02/2016
Renewal Request Acceptance Notice on 05/12/2016 | 
Bio-metrics Appointment Notice: 06/04/2016 | 
Bio-metrics Completed 06/23/2016  (Waiting for 80 days as of 07/31/2016) 
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#12
07-30-2016, 02:19 PM
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Pancho1
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Guys i have a question

Would my sister be able to petition my mom under this new rule??

Sister 22 yrs old USC, mom EWI no criminal recs

Thank you so much everyone
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#13
07-30-2016, 02:46 PM
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Joined in Nov 2009
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Demise
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Quote:
Originally Posted by daca2060 View Post
I'm 29 years old, parents are residents:

am I F2A or F2B?

Thank you
F2B.

First table. Which country you fall under depends where you were born.

Quote:
Originally Posted by daca2060 View Post
This is the process from what I can understand so far:
  1. Apply for a I-130
  2. Be approved
  3. Wait until a visa is available based on the visa bulletin.
  4. Once approved, apply for the waiver which makes this process a lot faster
Doesn't have to be a I-130, it can also be an I-140, or I-526. The petition needs to approved and you need a current priority date.

To correct the actual process it's as follows:

1) You get an I-130, I-140, I-526, or play the green card lottery.
2) The petition gets approved or you win.
2a) If the petition category is backlogged then you have to wait for the priority date to become current.
3) You file the waiver using your qualifying relative (USC/LPR spouse/parent).
4) If approved, you depart US and undergo consular processing and pick up your immigrant visa from a consulate.
Last edited by Demise; 07-30-2016 at 02:50 PM..
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#14
07-30-2016, 07:09 PM
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daca2060
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Quote:
Originally Posted by DACA-IR-DA View Post
This helps a beneficiary who is waiting for AoS from an I-130 approved, unmarried, over 21 son?

This means the 10 year ban is not applied? Still have to prove extreme hardship right?

No need for grandfathered 245i rule?
Quote:
Originally Posted by Demise View Post
F2B.

First table. Which country you fall under depends where you were born.


Doesn't have to be a I-130, it can also be an I-140, or I-526. The petition needs to approved and you need a current priority date.

To correct the actual process it's as follows:

1) You get an I-130, I-140, I-526, or play the green card lottery.
2) The petition gets approved or you win.
2a) If the petition category is backlogged then you have to wait for the priority date to become current.
3) You file the waiver using your qualifying relative (USC/LPR spouse/parent).
4) If approved, you depart US and undergo consular processing and pick up your immigrant visa from a consulate.

Thank you for your explanation. I'm from south america so my current priority date if I was to apply today under F2B is 08 JAN 2010. Meaning that it would take about 6.5 years before my visa is available.

1>Do I need the waiver if I came with Visa to this country?

On the other hand you mentioned I-140. Could my current employer ask for me while I'm with DACA.

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

Is everything forgiven, my out status or work without permit when approved with the I-140. Is this when the waiver goes into play?

I work for a technology company (No degree) where I held a position that the company can't run without and its extremely hard to find.

3> and last question (I hope): Could I apply for I-140 and i-130 simultaneously?

Thank you, this really helps me head into the right direction. I want to be informed before consulting with a lawyer to prevent any abuse or misleading information.
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Renewal sent to Nebraska on: 05/02/2016
Renewal Request Acceptance Notice on 05/12/2016 | 
Bio-metrics Appointment Notice: 06/04/2016 | 
Bio-metrics Completed 06/23/2016  (Waiting for 80 days as of 07/31/2016) 
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#15
07-30-2016, 08:41 PM
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DACA-IR-DA
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Quote:
Originally Posted by daca2060 View Post
This is so confusing,

If I'm currently DACA and my parents are residents, could they apply for me and the waiver as well? (I take care of them, place to live, food, etc, they are in their 70's).

Thank you
Good point but what is the risk of applying for this waiver? What if it gets denied then what?
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#16
07-30-2016, 08:42 PM
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Quote:
Originally Posted by IamAman View Post
So they still have to leave the country to do their interview, but can come back without the 10 year penalty?
Good question.
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#17
07-30-2016, 08:44 PM
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What do you mean it takes care of the 10 year ban? While in USA?

Quote:
Originally Posted by Demise View Post
Yes. When your priority date would become current (or you'd instead be sponsored by an employer), your mother could get you the I-601A waiver. Note however that you'd still have to prove extreme hardship to her if you were denied admission.



It applies to anyone that has a USC/LPR spouse or parent, regardless of age.



Yes. They could also get you the waiver if you'd seek other avenue of sponsorship or you'd win the green card lottery...



Yes, the waiver doesn't allow you to do AOS, instead it takes care of the 10 year ban before you even leave US.




No, this does not help in this case. If you're covered under 245(i) then you don't need the waiver and can adjust from within US.
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#18
07-31-2016, 01:35 PM
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Double post (please delete).
Last edited by Demise; 07-31-2016 at 01:50 PM..
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#19
07-31-2016, 01:45 PM
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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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#20
07-31-2016, 02:40 PM
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DACA-IR-DA
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If 601A gets approved then how long does the the applicant stay out of USA?
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