Interview location for DACA applicant

[Boiler 45,551]

6 minutes ago, bammbamm said:

 

Please let me know any information you may need.  I can do the best I can to give them to you.

 

Need a timeline of what happened and how.

 

How and when you entered 

 

How old you were when you obtained DACA

 

Any legal issues and if so what they are

[bammbamm 2]

3 minutes ago, Boiler said:

Need a timeline of what happened and how.

 

How and when you entered 

 

How old you were when you obtained DACA

 

Any legal issues and if so what they are

Here's what was posted in the NVC website regarding my status:

VISA CLASS:	F24
YOUR CASE IS CURRENTLY AT:	NVC
FOREIGN STATE OF CHARGEABILITY:	PERU

 

INTERVIEW LOCATION: PRIORITY DATE:

LIMA 28-NOV-2016

 

Came as tourist in 2002, went back to Peru the same year, then came back to US in 2003 and stayed ever since.  

Applied for DACA in 2012 so I was 20 years old.  No legal issue except for overstay - unlawful presence.

[Family 4,004]

22 minutes ago, bammbamm said:

Please let me know any information you may need.  I can do the best I can to give them to you.

1. How old were you when you got DACA ( exact age ) ? 
 

2. Have ever been arrested ( assuming no issues ) since DACA are screened for all contacts w law

 

3. Have ever left the US since last entry? 
 

4. Have you ever been in removal proceedings ( deportation) ? 

 

5. A MUST to get I-131 AP for DACA now and have one current for when you do go to Consular Interview. If anything goes south at interview, you can then just return to US on AP w no problem 
 

The issue again is that you can only adjust here w USCIS if you are an IR ( immediate relative of USC = spouse , child ( under 21) or parent  and your unlawful presence / unauthorized employment is forgiven. 
 

So for example, if you married a USC and she filed an I-130 u could file I-485 in US. 
If , as I mistakenly read that you were “20” and mom Natz before your 21st bday, you would be considered a child , thus an IR. 
 

 

[bammbamm 2]

1 minute ago, Family said:

1. How old were you when you got DACA ( exact age ) ?  20 y/o
 

2. Have ever been arrested ( assuming no issues ) since DACA are screened for all contacts w law  -  Never been arrested

 

3. Have ever left the US since last entry? No.
 

4. Have you ever been in removal proceedings ( deportation) ? No

 

5. A MUST to get I-131 AP for DACA now and have one current for when you do go to Consular Interview. If anything goes south at interview, you can then just return to US on AP w no problem 
 

The issue again is that you can only adjust here w USCIS if you are an IR ( immediate relative of USC = spouse , child ( under 21) or parent  and your unlawful presence / unauthorized employment is forgiven.  
 

So for example, if you married a USC and she filed an I-130 u could file I-485 in US. 
If , as I mistakenly read that you were “20” and mom Natz before your 21st bday, you would be considered a child , thus an IR.  Yeah, this is not the case.
 

 

 

[Boiler 45,551]

Certainly sounds like you were out of status long enough to incur a ban when you leave but as always the devil is in the details 

[Family 4,004]

16 minutes ago, bammbamm said:

Applied for DACA in 2012 so I was 20 years old.  No legal issue except for overstay - unlawful presence.

Ok so you accrued ULP between 18 and 20 when you got DACA. 

You need to file  and have an APPROVED an I-601 A to waive ULP before you continue NVC process….but you need to pay the NVC fee and show it w I-601 A filing ( or they reject it) 

Just send NVC email stating you will be filing I-601 A here

 NVCI601A@state.gov. 
 

https://travel.state.gov/content/dam/visas/PDF-other/NVC_tips_for_applicants_November_2016.pdf

 

 

[Family 4,004]

JUST so you know, NVC would not have flagged you or warned of Danger Danger! Don’t leave if as @Boiler pointed out you may have any inadmissibility issues and would have happily let you get DQ and sent case to Peru. Had you left without I-601 A , and without a DACA advance parole, you would be up the creek without a paddle

 

 

 

[Demise 1,290]

4 hours ago, Family said:

Prepare the I-485 packet ( I-765 , I-864 , I-131) , include a copy of the I-130 approval and NVC case notice along with moms New Natz Certificate and FILE TODAY.

 

You are adjusting as an IR and entered w Visa so no issues filing and adjusting in US. 
 

Are you DIY ing the process ?

He's 30, too old to adjust as an IR.

 

4 hours ago, bammbamm said:

Hi. I haven't tried getting a waiver. I'm here under DACA though. That was approved.

You are 30, DACA started accepting applications in 2012 when you were 20, you've accrued enough unlawful presence to need a waiver.

 

Right now just pay the Immigrant Visa fee, get the receipt for it, and file I-601A with evidence that your absence will cause extreme hardship to your mother. If you depart without an approved waiver you'll get yourself banned from re-entry for 10 years.

[arken 4,197]

3 hours ago, Dashinka said:

I believe you can adjust status as a family preference visa if a visa is available.

 

If you are currently in the United States, you must meet the following requirements to be eligible for a Green Card as a family preference immigrant:

• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• You were inspected and admitted or inspected and paroled into the United States;
• You are physically present in the United States at the time you file your Form I-485
• You are eligible to receive an immigrant visa;
• An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time we make a final decision on your application (For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin);
• The relationship to the family member who filed Form I-130, Petition for Alien Relative, for you still exists;
• None of the applicable bars to adjustment of status apply to you;
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
• You merit the favorable exercise of our discretion (this means the positive factors in your case outweigh the negative factors).

 

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrantshttps://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants

If a visa is available and have not violated the immigration status. Only certain groups like immediate family members and few others can do AOS with unlawful presence/out of status record.

[Crazy Cat 41,898]

3 hours ago, Boiler said:

Certainly sounds like you were out of status long enough to incur a ban when you leave but as always the devil is in the details 

I would certainly consult a knowledgeable attorney. ... or be prepared to spend a year outside the US if other waivers are needed.

[Family 4,004]

33 minutes ago, Demise said:

He's 30, too old to adjust as an IR.

YES i did a oops my bad correction of that response, immediately thanks to @arken pointing out age. 

 

[Dashinka 24,514]

23 minutes ago, Family said:

YES i did a oops my bad correction of that response, immediately thanks to @arken pointing out age. 

 

I still don’t understand why someone as an F1 cannot adjust status if their visa is available per the information I posted from USCIS assuming they meet all the other requirements?  I understand they would not be an IR2, but it appears legal.

Edited July 25, 2022 by Dashinka

[Boiler 45,551]

11 minutes ago, Dashinka said:

I still don’t understand why someone as an F1 cannot adjust status if their visa is available per the information I posted from USCIS assuming they meet all the other requirements?  I understand they would not be an IR2, but it appears legal.

Not an immediate relative

 

Not in status

 

[arken 4,197]

13 minutes ago, Dashinka said:

assuming they meet all the other requirements?

This is the culprit in this case.
For AOS via F1 or F2a or those type of petitions, one need be in status all the time. OP was out of status or unlawfully present from age 18-20 for almost 2 years before being allowed in authorized stay period under Daca.

Edited July 25, 2022 by arken

[Dashinka 24,514]

2 minutes ago, arken said:

This is the culprit in this case.
For AOS via F1 or F2a or those type of petitions, one need be in status all the time. OP was out of status or unlawfully present from age 18-20 for almost 2 years before being allowed in authorized stay period under Daca.

That makes sense.  Thanks.

Edited July 25, 2022 by Dashinka