Multiple I-130 and the new Executive Action

[The Guy 0]

The Beneficiary is an I-130. The Petitioner is a U.S Citizen mother. Priority Date: June 9th, 2011 and an approved petition with a notice date for May 19th, 2014. The Beneficiary is also an I-130 from the Brother U.S Citizen with the Priority Date: June 9th, 2011 but no letter yet for an approved petition.

The Beneficiary is also grandfathered under 245i labor certification.

The Beneficiary qualified for the new Executive Action under the DACA.

Once the Beneficiary under DACA gets EAD and a new Social Security Card with same number, does this mean the 10 year ban is lifted? Will the DACA person qualify to travel outside of USA and comeback? I have heard about the Advaced Parole. Is there an interview process for the DACA? I see that it will take about 90 days before the process can be started? Any idea how long it will take from then on to get approved?

Does this mean the Visa available will come faster then what it shows on Visa Bulletin to file I-485 AoS?

What documents are preferred to get qualified for DACA? Anyone went through the 2012 DACA process?.

[aleful 1,905]

hi

there are several things going on

but more questions and information needs to be given. at what age did he enter the country? how is it that he qualifies as a derivative under the 245i? when did he enter the country?

he cannot ever leave the country if he really qualifies under the 245i or he will lose the coverage and the possibility to adjust status in the US. depending on the country from he is from, the wait is very long, nothing has changed yet about the waiting time and he only can adjust status under the 245i when his priority date becomes current

so even if the got DACA he cannot travel using an advance parole or he will loose the possibility of adjusting status in the US. Under normal circumstances, he doesn't qualify to adjust status in the US for neither of the petitions filed on his behalf. it is only the grandfathering of the 245i that will allow him to adjust status in the country when his priority date becomes current, if indeed he is covered under this law, he must never leave the country until he gets his GC

the 10 year ban isn't lifted, he just will get a work permit that doesn't allow a GC, there is no pathway to residency through DACA, for family petitions there is still the 10 year ban, that's why he will have to pay a $1000 fine to adjust status under the 245i law, there is no waiver need, just paying the fine

I adjusted under the 245i law, my USC mom filed for me in 1999 and I paid the fine and had my interview in January of 2005 and Citizenship in 2010

Edited December 1, 2014 by aleful

[Boiler 43,391]

Not sure if I have the right name, Dacabilly? Where you use AP to come back inspected and adjust in country I believe only works with an over stay when you are petitioned by an immediate relative.

[aleful 1,905]

hi

just like people who have TPS have used advance parole to travel and back, people that have a work permit under DACA can use advance parole/ travel document to travel abroad under certain circumstances, an illness of a parent in their country for example

[The Guy 0]

The Beneficiary entered the U.S at age 11. Labor Certifcation was filed by an employer before the 2001 deadline.

As far as we know, the 10 year ban only starts if the person leave the country right? The category would be F1 for U.S Citizen filing for unmarried son over 21. How many more years do you think is left before filing for adjustment?

The new DACA information has not been out but I hear that there are Advance Parole options? Also, once DACA is approved, he will get an EAD which will enable him to work for any employer in the USA correct?

The petitioner did not have a GC until 2004 so there was no way for a family member to file for 245i before deadline correct? Petitioner became USC in 2011.

hi

there are several things going on

but more questions and information needs to be given. at what age did he enter the country? how is it that he qualifies as a derivative under the 245i? when did he enter the country?

he cannot ever leave the country if he really qualifies under the 245i or he will lose the coverage and the possibility to adjust status in the US. depending on the country from he is from, the wait is very long, nothing has changed yet about the waiting time and he only can adjust status under the 245i when his priority date becomes current

so even if the got DACA he cannot travel using an advance parole or he will loose the possibility of adjusting status in the US. Under normal circumstances, he doesn't qualify to adjust status in the US for neither of the petitions filed on his behalf. it is only the grandfathering of the 245i that will allow him to adjust status in the country when his priority date becomes current, if indeed he is covered under this law, he must never leave the country until he gets his GC

the 10 year ban isn't lifted, he just will get a work permit that doesn't allow a GC, there is no pathway to residency through DACA, for family petitions there is still the 10 year ban, that's why he will have to pay a $1000 fine to adjust status under the 245i law, there is no waiver need, just paying the fine

I adjusted under the 245i law, my USC mom filed for me in 1999 and I paid the fine and had my interview in January of 2005 and Citizenship in 2010

[The Guy 0]

Not sure if I have the right name, Dacabilly? Where you use AP to come back inspected and adjust in country I believe only works with an over stay when you are petitioned by an immediate relative.

It is DACA (Deferred Action for Childhood Arrivals). If the Beneficiary did use AP to leave and comeback that means he would not qualify for granfathered 245i? How does AP work with 10 year ban?

Are you talking about the Waiver? The Beneficiary is under F1 category, son unmarried over 21 years old.

[The Guy 0]

hi

just like people who have TPS have used advance parole to travel and back, people that have a work permit under DACA can use advance parole/ travel document to travel abroad under certain circumstances, an illness of a parent in their country for example

Oh ok. The new DACA information has not been released about AP right? How does this effect the 10 year ban? How long can they stay out of country?

[aleful 1,905]

hi

daca hasn't changed from the first one, the only changes for DACA under the executive action is that there is no age limit of 30, there is no cap, and that people who entered the country by January 1 2010 will be able to apply

as said, if he does use AP he won't be able to adjust status and he will lose the possibility to get a GC, because he will lose coverage under the 245i law

The AP can only be used for emergencies and it is always a risk of the customs officer not letting the person in, but I know of successful stories of those who have applied for the first daca of 2012 and have returned using AP, they can't stay for too long

[aleful 1,905]

what I don't understand is why didn't she file for her son in 2004? she didn't have to become a USC to petition for him since he is unmarried.

she could have filed for him as soon as she became a LPR in 2004, and he would already have his GC, they wasted too much time,

he still has 4 or more years of waiting, immigration is working on cases from 2007 to 2011, he still has to wait, and as said he cannot use AP in order to be grandfathered under the 245i law

Edited December 1, 2014 by aleful

[KayDeeCee 4,891]

~ Moved from AOS from Family Based Visas to Bringing Family Members of US Citizens to America - most appropriate forum for discussing the F1 visa category and priority dates ~

[The Guy 0]

The Petitioner and Beneficiary were not aware of this back in 2004 when the Mother become a LPR.

Also, another Brother of Beneficiary who became a USC in January of 2004 could have filed for the Beneficiary as well.

IF LPR Mother filed for unmarried Son of 21 years or older back in 2004 which is F2B at 22 FEB 08 as of December 2014 Visa Bulletin.

IF USC Brother filed for his Brother back in January 2004 which is F4 at 22 FEB 02 as of December 2014 Visa Bulletin.

USC Brother filed for Mother in 2004 but not sure exactly when Mother become LPR in 2004. I believe it was in Summer of 2004 sometime so it looks like the Beneficiary Son unmarried 21 and over would have qualified back in September of 2012 to file for AoS? Since it was not filed, I don't think the Visa Center is going to backdate/Retro it correct?

So it looks like 4 more years of waiting from today from the way it is moving now?

what I don't understand is why didn't she file for her son in 2004? she didn't have to become a USC to petition for him since he is unmarried.

she could have filed for him as soon as she became a LPR in 2004, and he would already have his GC, they wasted too much time,

he still has 4 or more years of waiting, immigration is working on cases from 2007 to 2011, he still has to wait, and as said he cannot use AP in order to be grandfathered under the 245i law

[aleful 1,905]

hi

correct, 4 or more years of waiting