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pooki3

Necessary of having Lawyer?

By pooki3 in Deferred Action for Childhood Arrivals (DACA)

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pooki3 Apprentice

pooki3   0

Posted
Filed: Lift. Cond. (pnd) Country: Thailand
 Timeline
Posted

Hello everyone,

 

I’m helping my Brother in law file the application for DACA. He came to US when he was 3 years old and meet every requirement for the I-821D form. My question is Does he really need a lawyer? Is it risky to file without Lawyer? My brother in law is not a hard case since he has no ticket, no felony, no nothing and he got his GED and he never left the US. I read instruction so many times and I feel like we don’t really need a Lawyer for his case. Even when I did my AOS I did it myself without lawyer. So I just wanna ask around, does anyone file i-821D without a lawyer and how it goes?

 

thank you so much, I really appreciated 

 

Nutta L

jan22 Experienced

jan22   3,056

Posted
Filed: Timeline
Posted (edited)

Is this a DACA renewal?  If so, you should probably be able to file without a lawyer.  If this is a first-time application, he's out of luck, since they are not accepting new, first-time-ever DACA applications.

Edited by jan22
Just Paul Veteran

Just Paul   4,595

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

USCIS stopped accepting NEW applications in 2017

 

https://www.uscis.gov/i-821d

 

USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. See Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction for more information.

 

He may be eligible for a spousal visa , if he is married,  but will need to overcome bars with a waiver.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

pooki3 Apprentice

pooki3   0

Posted
Filed: Lift. Cond. (pnd) Country: Thailand
 Timeline
  • Author
Posted

Thank you everyone, Yes I just found out that they stop accepting new applicant... 😭 

His family is US citizenship accept him and he is 24 years old. Which way is the best way to help him legalize his status in the US? Please give me a suggestion 🙏🏻🙏🏻🙏🏻

cyclone27 Proficient

cyclone27   710

Posted
Filed: Citizen (apr) Country: Vietnam
 Timeline
Posted

Leave US and go back to home country. Citizen parents would then submit a paperwork for visa.  It will be a long wait 7yrs if stays unmarried. 

 

If he came legally to US and passed through inspection then he could adjust status via marriage to US citizen.

 

No other option that I can see!!!

ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

Boiler Grand Master

Boiler   45,581

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

They would also need to file a waiver for illegal presence.

 

Makes you winder why he waited so long.

“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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