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Spartak

Green Card for my Brother

By Spartak in Bringing Family Members of Permanent Residents to America

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newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted (edited)

I'm not sure the DACA-AP thing is relevant. The point of entry on AP is to provide a legal entry, but the OP's brother already has a legal entry. Legal entry is sufficient for people in the Immediate Relative category, but the OP's brother is not (and won't be) in the Immediate Relative category. He also needs to be in status, and to have maintained status since entry, to AOS. Does entry on AP count as an entry that resets the out-of-status from the past? It's not clear.

Edited by newacct
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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

I initially was skeptical, but it's not the legal entry that's his barrier to adjusting, it's being out of status. Given that parole, once granted, is usually valid for 90 days (the 90 days beginning when you PoE) then provided he obtained a valid AP, left, was paroled back in, and then filed for AoS before the parole period ended, it should work. This is how people on DACA have been able to do an end-run around not being able to adjust because many of them EWI'd with their parents.

It's really an option that should be discussed with a lawyer experienced in DACA issues, though.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Boiler Grand Master

Boiler   45,517

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I ought to know the answer....

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

I initially was skeptical, but it's not the legal entry that's his barrier to adjusting, it's being out of status. Given that parole, once granted, is usually valid for 90 days (the 90 days beginning when you PoE) then provided he obtained a valid AP, left, was paroled back in, and then filed for AoS before the parole period ended, it should work. This is how people on DACA have been able to do an end-run around not being able to adjust because many of them EWI'd with their parents.

It's really an option that should be discussed with a lawyer experienced in DACA issues, though.

But I thought all those DACA-AP people were Immediate Relatives, who don't need to have maintained status (they use AP to overcome EWI). Have you heard of this for non-Immediate-Relatives?

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

I have not. Give that the OP's brother is not inadmissible though, it should work. I absolutely wouldn't try it without talking to at least a reputable lawyer or two though.

http://dreamact.info/forum/showthread.php?t=70667&page=2 suggests it can be done...

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

That is one way. The other, as has been discussed for the last few posts, is for him to obtain Advance Parole, make a short trip abroad, return on his AP and then immediately file his I-485 (once his priority date is current or his F2A filing date permits him to file an I-485).

You should definitely speak to a lawyer.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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  • 1 month later...
Boiler Grand Master

Boiler   45,517

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

My guess 15 years, some suggest it could be a lot longer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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  • 2 weeks later...
Boiler Grand Master

Boiler   45,517

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

10 days, odd that they have done anything with it.

How do you know what they have done?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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