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DAP Forums > DREAM Act > The Lounge

DACA to AOS - Page 332

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#3311
03-11-2020, 11:36 PM
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pavpatel
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Quote:
Originally Posted by akkiano View Post
*raises hand*

Me.
Can you tell me your background? Also does 245i help the timeline or having to go back to your country? I think I am 245i eligible as I'm part of a family petition i-130 that was approved in 1996. I'm going to a lawyer soon to confirm. I'm hoping this makes my process more smooth when I try to adjust thru marriage. Any details you have would be helpful. Thank you!
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#3312
03-12-2020, 09:00 PM
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Quote:
Originally Posted by pavpatel View Post
Can you tell me your background? Also does 245i help the timeline or having to go back to your country? I think I am 245i eligible as I'm part of a family petition i-130 that was approved in 1996. I'm going to a lawyer soon to confirm. I'm hoping this makes my process more smooth when I try to adjust thru marriage. Any details you have would be helpful. Thank you!
245(i) doesn't help timeline. It allows people who have EWI (aka entered the U.S. illegally without a visa) to adjust status while in the U.S. Otherwise, the only way for an EWI person to apply for AOS is to go back to their country and apply from outside or try to get a waiver (I-601). If you entered with a visa and overstayed, you don't need 245(i).

My U.S. citizen uncle filed an I-130 for my mom back in late 2000. I was a kid at that time and listed as my mom's child in the petition, so that's how I am a grandfathered derivative. (Fun fact: that petition is STILL not current 20 years later.... -_-)

You're going to need a copy of that I-130 petition that lists you on it, because you're going to have to send it with your AOS packet as supporting documents for the I-485 Supplement A form.
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#3313
03-13-2020, 07:11 PM
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DACA-IR-DA
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Quote:
Originally Posted by pavpatel View Post
Can you tell me your background? Also does 245i help the timeline or having to go back to your country? I think I am 245i eligible as I'm part of a family petition i-130 that was approved in 1996. I'm going to a lawyer soon to confirm. I'm hoping this makes my process more smooth when I try to adjust thru marriage. Any details you have would be helpful. Thank you!
Not timeline. You had to have a petition filed on or before 4/30/01 either family or labor certification with document proof. If you leave and comeback then you are disqualified from 245i. Petition does not need to approved. It has to be approved when filable.

What happened to your approved petition of 1996? What country and who petitioned you? You may already be qualified to AOS now.

EWI can also adjust here without leaving USA. Just 1 EWI though.
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#3314
03-13-2020, 08:27 PM
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Quote:
Originally Posted by DACA-IR-DA View Post
EWI can also adjust here without leaving USA. Just 1 EWI though.
No, EWI CAN'T adjust in the U.S. The only way is through a waiver of inadmissibility I-601 (which are hard to get) or 245(i).
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#3315
03-14-2020, 04:54 AM
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Well boys and girls, I got an RFE for my I-360 finally. They just questioned bona fides of the marriage to my ex and nothing else.

Well right now I need to go dig through some old documents, go bother my bank, and the IRS but once I send in the next set of documents I should be mostly in the clear. Past that the only things I would need to do is either a Motion to Terminate Proceedings or Motion to Recalendar and Change Venue and file I-485 either with USCIS or the court.
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#3316
03-14-2020, 06:53 PM
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Quote:
Originally Posted by akkiano View Post
No, EWI CAN'T adjust in the U.S. The only way is through a waiver of inadmissibility I-601 (which are hard to get) or 245(i).
If you had just 1 EWI you can adjust here through 245i (upon qualification).
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#3317
03-14-2020, 06:54 PM
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Quote:
Originally Posted by akkiano View Post
No, EWI CAN'T adjust in the U.S. The only way is through a waiver of inadmissibility I-601 (which are hard to get) or 245(i).
Quote:
Originally Posted by Demise View Post
Well boys and girls, I got an RFE for my I-360 finally. They just questioned bona fides of the marriage to my ex and nothing else.

Well right now I need to go dig through some old documents, go bother my bank, and the IRS but once I send in the next set of documents I should be mostly in the clear. Past that the only things I would need to do is either a Motion to Terminate Proceedings or Motion to Recalendar and Change Venue and file I-485 either with USCIS or the court.
Going through lawyer?
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#3318
03-15-2020, 07:07 AM
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Quote:
Originally Posted by DACA-IR-DA View Post
Going through lawyer?
There's few people knowledgeable enough to DIY a VAWA case and few insane enough to DIY a VAWA case. I'm both, so no. I will probably get one when it'll come to the AOS, mainly because getting terminations these days is annoying as is dealing with courts and ICE attorneys.

Then either try to get a termination in NYC or if that fails get a change of venue to San Antonio, TX (where I currently reside) and file I-485 with court.
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#3319
03-16-2020, 06:52 PM
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Quote:
Originally Posted by Demise View Post
There's few people knowledgeable enough to DIY a VAWA case and few insane enough to DIY a VAWA case. I'm both, so no. I will probably get one when it'll come to the AOS, mainly because getting terminations these days is annoying as is dealing with courts and ICE attorneys.

Then either try to get a termination in NYC or if that fails get a change of venue to San Antonio, TX (where I currently reside) and file I-485 with court.
You should become a lawyer.
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#3320
03-17-2020, 10:03 AM
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Quote:
Originally Posted by DACA-IR-DA View Post
You should become a lawyer.
I thought about it but I decided against it. I worked before as a paralegal and I'd get burned out on this stuff and end up neglecting this place since it just felt like more work. Also I really don't want to deal with college again and from what I've seen every lawyer gets a stick up in their ass (except one - Brother Hezekiel over in Yahoo Answers) because "I went to law school and deserve to get paid for any answer I give". The kind of answers I give people here, lawyers charge $100-150 for.
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