Applying for aos with daca

[Carlosh1384]

Hello everyone i have had daca for 3 years now since I was 17. I have been in the USA since I was 3 I have no memory or idea how Mexico was until I got AP due to my grandmother being ill. My father who is a USA resident applied for me using i485 and I have my interview next month . I?m getting nervous as the day is getting closer to my interview . I haven?t seen much threads on i485 being Petitions by residents . I was wondering if it?s harder or easier then being married to a citizen ..???

[newacct]

Hello everyone i have had daca for 3 years now since I was 17. I have been in the USA since I was 3 I have no memory or idea how Mexico was until I got AP due to my grandmother being ill. My father who is a USA resident applied for me using i485 and I have my interview next month . I?m getting nervous as the day is getting closer to my interview . I haven?t seen much threads on i485 being Petitions by residents . I was wondering if it?s harder or easier then being married to a citizen ..???

Your father is a US citizen or permanent resident?

[Carlosh1384]

Daca

My father is a permanent resident

[Carlosh1384]

Your father is a US citizen or permanent resident?

He is a permanent resident

[newacct]

He is a permanent resident

Then I don't think you are eligible for AOS in the first place.

As an unmarried under-21 child of a permanent resident, you are in the F2A category. You are not in the Immediate Relative category, which is spouse, parent, or unmarried under-21 child of a US citizen (unless it was another, US citizen, parent who petitioned you). You are not eligible for AOS in a non-Immediate-Relative category if you are or have ever been out of status in the past, during the current stay or in any previous stays. I don't know why they haven't denied it already, but it seems you are clearly ineligible since you have been out of status.

If he becomes a US citizen (takes the oath) before you turn 21, then you would be eligible for AOS, but given that you were 17 3 years ago, you must be around 20 now, so unless he is already in the process of naturalizing, he's not likely to naturalize before you turn 21.

You should probably be doing Consular Processing abroad instead of AOS in the US. The usual problem for people doing Consular Processing is that it requires leaving the US, and they have accrued enough "unlawful presence" to trigger a ban upon leaving. If you accrue 180 days / 1 year of "unlawful presence" and then leave the US, you trigger a 3-year / 10-year 9B ban, respectively. However, that's not a problem for you because you haven't accrued any "unlawful presence". You don't accrue "unlawful presence" for the purposes of the 9B ban while you are under 18. You also don't accrue "unlawful presence" when under a grant of DACA. Since you've had DACA since before you turned 18, and assuming you have had it continuously until now, you haven't accrued any "unlawful presence" so far. So you should be able to switch to Consular Processing, leave when you need to do the interview abroad, not needing to worry about triggering any ban, and return with the visa.

[Carlosh1384]

Then I don't think you are eligible for AOS in the first place.

As an unmarried under-21 child of a permanent resident, you are in the F2A category. You are not in the Immediate Relative category, which is spouse, parent, or unmarried under-21 child of a US citizen (unless it was another, US citizen, parent who petitioned you). You are not eligible for AOS in a non-Immediate-Relative category if you are or have ever been out of status in the past, during the current stay or in any previous stays. I don't know why they haven't denied it already, but it seems you are clearly ineligible since you have been out of status.

If he becomes a US citizen (takes the oath) before you turn 21, then you would be eligible for AOS, but given that you were 17 3 years ago, you must be around 20 now, so unless he is already in the process of naturalizing, he's not likely to naturalize before you turn 21.

You should probably be doing Consular Processing abroad instead of AOS in the US. The usual problem for people doing Consular Processing is that it requires leaving the US, and they have accrued enough "unlawful presence" to trigger a ban upon leaving. If you accrue 180 days / 1 year of "unlawful presence" and then leave the US, you trigger a 3-year / 10-year 9B ban, respectively. However, that's not a problem for you because you haven't accrued any "unlawful presence". You don't accrue "unlawful presence" for the purposes of the 9B ban while you are under 18. You also don't accrue "unlawful presence" when under a grant of DACA. Since you've had DACA since before you turned 18, and assuming you have had it continuously until now, you haven't accrued any "unlawful presence" so far. So you should be able to switch to Consular Processing, leave when you need to do the interview abroad, not needing to worry about triggering any ban, and return with the visa.

So regardless of the advance parole that was approved and and which allowed me to enter bring paroled In the country ?

[newacct]

So regardless of the advance parole that was approved and and which allowed me to enter bring paroled In the country ?

Yes. That gives you a legal entry, but having a legal entry is not enough for AOS in your category.

The only other exception I can think of is if you (or your parent) were the beneficiary of an immigrant petition filed before 2001, in which case you would be grandfathered under 245(i), and you would be able to AOS despite illegal entry and being out of status, if you file an additional supplement.

[Carlosh1384]

Yes. That gives you a legal entry, but having a legal entry is not enough for AOS in your category.

The only other exception I can think of is if you (or your parent) were the beneficiary of an immigrant petition filed before 2001, in which case you would be grandfathered under 245(i), and you would be able to AOS despite illegal entry and being out of status, if you file an additional supplement.

I don?t think that applies to me since my father got his residency by the process of 240A . I?m just really confused and that really worries me for my immigration interview. I have everything here in the United States I don?t know any other place that I can call home.

[Randomdude]

i would urge you to seek out the advice of a competent Immigration Attorney. Your case sounds rather unique and looking for the answers here will only get you into a position you don't want to end up at. If you're going about this alone it might be wise to reschedule until you consult someone.

[Carlosh1384]

Daca

i would urge you to seek out the advice of a competent Immigration Attorney. Your case sounds rather unique and looking for the answers here will only get you into a position you don't want to end up at. If you're going about this alone it might be wise to reschedule until you consult someone.

I have a lawyer who has helped me thru the whole process which has been since 2015 he had me get daca first then once I had it I got advance parole once I came back from there and paroled in we applied for i485

[azblk]

I have a lawyer who has helped me thru the whole process which has been since 2015 he had me get daca first then once I had it I got advance parole once I came back from there and paroled in we applied for i485

How long has your father been a permanent resident? If its more than 5 years then he can naturalize and upgrade your petition to IR-1 but all this needs to happen before you turn 21.

[Carlosh1384]

How long has your father been a permanent resident? If its more than 5 years then he can naturalize and upgrade your petition to IR-1 but all this needs to happen before you turn 21.

With how everything is backed up with uscis I doubt that will happen he?s been one for 10 years and he doesn?t speak great English he is practicing for it .

[Dandelion]

Taking a step back

I have a lawyer who has helped me thru the whole process which has been since 2015 he had me get daca first then once I had it I got advance parole once I came back from there and paroled in we applied for i485

The wonderful thing about these boards is that we can all share similar experiences and keep each other sane.

The negative thing about these boards is that we are not able to know every single thing about a person?s case and deem their eligibility, leading to misinformation from all sides and, if you?re like me, a rapid sense of paranoia that you?re doing something wrong.

I appreciate the feedback you?ve received here but must argue that the only thing we can do for you is say: congratulations! Very excited about your upcoming interview. At this stage of the game all you can do is stay calm and answer all questions honestly and clearly. Crossing my fingers for you!!!!

P.S. my foreign-born yet US-raised sibling got residency from my resident step parent even though the kid was out of status for over a decade after legal entry into the country. Every case is different, and I don?t mean to say this is your scenario, but there are many paths to legal status. Keep your head up, keep in open communication with your lawyer, and know the USCIS.gov page like the back of your hand

[Randomdude]

I have a lawyer who has helped me thru the whole process which has been since 2015 he had me get daca first then once I had it I got advance parole once I came back from there and paroled in we applied for i485

Kind of odd he hasn't encouraged your father to become a USC. Again you may want to consult him to see what strategy he's using. I wouldn't venture this alone especially if you're immediate relative is not a USC. Yea the cost sucks but the alternative is a lot worse.

[Carlosh1384]

The wonderful thing about these boards is that we can all share similar experiences and keep each other sane.

The negative thing about these boards is that we are not able to know every single thing about a person?s case and deem their eligibility, leading to misinformation from all sides and, if you?re like me, a rapid sense of paranoia that you?re doing something wrong.

I appreciate the feedback you?ve received here but must argue that the only thing we can do for you is say: congratulations! Very excited about your upcoming interview. At this stage of the game all you can do is stay calm and answer all questions honestly and clearly. Crossing my fingers for you!!!!

P.S. my foreign-born yet US-raised sibling got residency from my resident step parent even though the kid was out of status for over a decade after legal entry into the country. Every case is different, and I don?t mean to say this is your scenario, but there are many paths to legal status. Keep your head up, keep in open communication with your lawyer, and know the USCIS.gov page like the back of your hand

Your totally right that?s wat I believe also at this point I?m lucky I?ll gotten this far and my god guide me and allow what?s best for me . I?ll heard so many things and I?ll keep everyone updated how everything goes

- - - Updated - - -

Kind of odd he hasn't encouraged your father to become a USC. Again you may want to consult him to see what strategy he's using. I wouldn't venture this alone especially if you're immediate relative is not a USC. Yea the cost sucks but the alternative is a lot worse.

In a couple days he wants me to go in with him and have a sit down to go over every about my case I will be doing lots of questions to him .