Interview location for DACA applicant

[Boiler 45,551]

8 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.

 Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.

[Family 4,004]

51 minutes ago, Dashinka said:

1 hour 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.

The solution to this would be to file an I-601 for ULP concurrent w I-485 , as it gets filed and routed to Field Office Director…but it’s beyond scope of DIY and rarely will you find attorneys willing to press into rarely sailed seas.

 

I was stumped when an F-2B child of LPR ( I-130 filed and approved before 18 years ) found an attorney that filed I-485 and was granted LPR status…because although child did not accrue ULP, she had no “legal status “ at the time of adj app. 
 

 

[Boiler 45,551]

2 minutes ago, Family said:

The solution to this would be to file an I-601 for ULP concurrent w I-485 , as it gets filed and routed to Field Office Director…but it’s beyond scope of DIY and rarely will you find attorneys willing to press into rarely sailed seas.

 

I was stumped when an F-2B child of LPR ( I-130 filed and approved before 18 years ) found an attorney that filed I-485 and was granted LPR status…because although child did not accrue ULP, she had no “legal status “ at the time of adj app. 
 

 

OP is no eligible to adjust

 

By definition a F2b is over 21

[Family 4,004]

9 minutes ago, Boiler said:

OP is no eligible to adjust

 

By definition a F2b is over 21

I do realize OP is F-2B and has ULP that would be cured w I-601..

 

It’s not my day for typos and misfiring brain circuits  , my other scenario should read F-2A ( not F-2B ) but am still stumped on how they adjusted…

[Demise 1,290]

46 minutes ago, Family said:

I do realize OP is F-2B and has ULP that would be cured w I-601..

 

It’s not my day for typos and misfiring brain circuits  , my other scenario should read F-2A ( not F-2B ) but am still stumped on how they adjusted…

245(i) maybe? Actually no, I'm stumped too unless the parent naturalized while the kid was under 21 which would bump them up from F2A to IR.

Edited July 26, 2022 by Demise

[Family 4,004]

30 minutes ago, Demise said:

245(i) maybe? Actually no, I'm stumped too unless the parent naturalized while the kid was under 21 which would bump them up from F2A to IR.

Edited 25 minutes ago by Demise

No 245(i), mom did not Natz. She was actually a client and friend when I was working in 2019 . 

[arken 4,197]

10 hours ago, Boiler said:

 Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.

It's not a legal status but OP's daca period is considered a period of authorized stay and won't be considered unlawful presence.

[Pinkrlion 2,724]

Isn't there other DACA cases where they left for consular processing and were denied.  I suggest getting a lawyer.