Unlawful presence question

[cas92 0]

I know that it begins to accrue after your 18th birthday, but what if you had a case with the NVC before you turned 18. In my situation I had an NVC case pending that was later abandoned. Less than six months after my case was closed I was approved for DACA. Now I am 21 and the beneficiary of an F2a petition(LPR parent) and I will have to leave soon to go to an interview abroad. Will I have to file the I-601 for unlawful presence or will the time not be counted against me because I had a case pending?

[Hypnos 6,578]

It's still unlawful presence, the NVC did not prevent that.

If you had at least 180 days of overstay since you turned 18 then you will need to file the I-601 waiver to try and overcome that inadmissibility.

Edited October 9, 2013 by Hypnos

[cas92 0]

Awwww =( Thanks for the reply. I haven't found any I-601 waiver examples/approvals for f2a parent to child. Nor have I come across any denials online. I'm so lost. I have a lawyer BTW but the person is not very knowledgeable and I'm firing him =/

[Boiler 46,363]

They are pretty rare, coming up with hardships is more challenging.

Edited October 9, 2013 by Boiler

[cas92 0]

well I live with my mother (LPR) and two yonger siblings (USCs) my only inadmissibility would be unlawful presence. And she and one of my siblings have significant health issues with my younger sibling requiring a surgery that will have to be paid out of pocket. She can't afford it by herself even if she started working for really long hours. if I left she would be the only employed adult in the household. I'm just really scared to leave and be banned for 10 years. Is this my only option? I've been here since I was 5 and never left.

[newacct 688]

Time on DACA is not unlawful presence. So it seems you have less than 180 days of unlawful presence.

[Hypnos 6,578]

That is true, once approved under DACA you are not considered to be unlawfully present for your period of deferred action. Note that this only applies from the time that DACA is approved, not from the time of filing (so unlike an I-485 filing).