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  • DACA and applying for a Green Card

    Application for a Green Card while on DACA. Ok. My son in law is on the DACA program renewed every two years (the original one, not the one tied up in Court) however his mother has done the initial filing (sponsoring her son for a Green Card when he was 20 years of age.... his age is frozen....he is now 24).....however catch 22......he needs to go to the US Consulate in Cuidad Juarez to complete his Green Card interview. If he does that he will create a 10 year ban! He has lived here since he was 8 years of age, been to college, graduated high school. Always a Grade A student. Any ideas ?

  • #2
    Originally posted by Onedayisenough View Post
    Application for a Green Card while on DACA. Ok. My son in law is on the DACA program renewed every two years (the original one, not the one tied up in Court) however his mother has done the initial filing (sponsoring her son for a Green Card when he was 20 years of age.... his age is frozen....he is now 24).....however catch 22......he needs to go to the US Consulate in Cuidad Juarez to complete his Green Card interview. If he does that he will create a 10 year ban! He has lived here since he was 8 years of age, been to college, graduated high school. Always a Grade A student. Any ideas ?
    Is the mother a US permanent resident or US citizen? Age freezes at the time of filing petition only for people in the Immediate Relative category (basically, only for under-21 children of US citizens). But there is never any wait for visa numbers in the Immediate Relative category, so if that were the case then it wouldn't make sense that they've waited 4 years.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      GCard / DACA

      Originally posted by newacct View Post
      Is the mother a US permanent resident or US citizen? Age freezes at the time of filing petition only for people in the Immediate Relative category (basically, only for under-21 children of US citizens). But there is never any wait for visa numbers in the Immediate Relative category, so if that were the case then it wouldn't make sense that they've waited 4 years.
      Mother is a permanent resident. However if his son goes back to Mexico to finish the Green Card application he will trigger a 10 year ban if he tries to get back in because of his "out of status" stay when he turned 18. Catch 22. If they changed the rules whereby he could finish his Green Application within the USA (IE: go to a US Consulate) then it would be ok however he has to return to Mexico which immediately creates a 10 year ban. He mother and sister are permanent residents (since his sister was under 18 at the time of my marriage to his mother). Complicated.

      Also, if Trump wins..........I'm moving to Mexico anyway. I couldn't live in this Country with a Racist as President. Also, Trumps Mother was Scottish...were his mother's papers in order ? Plus all his wives are immigrants!! he doesn't want folks speaking Spanish in this Country however due you think he complains when one of his 3 wives calls home and talks Ukrainian, polish or Russian ? Double standard don't you think ?

      Comment


      • #4
        Originally posted by Onedayisenough View Post
        Mother is a permanent resident. However if his son goes back to Mexico to finish the Green Card application he will trigger a 10 year ban if he tries to get back in because of his "out of status" stay when he turned 18. Catch 22. If they changed the rules whereby he could finish his Green Application within the USA (IE: go to a US Consulate) then it would be ok however he has to return to Mexico which immediately creates a 10 year ban. He mother and sister are permanent residents (since his sister was under 18 at the time of my marriage to his mother). Complicated.

        Also, if Trump wins..........I'm moving to Mexico anyway. I couldn't live in this Country with a Racist as President. Also, Trumps Mother was Scottish...were his mother's papers in order ? Plus all his wives are immigrants!! he doesn't want folks speaking Spanish in this Country however due you think he complains when one of his 3 wives calls home and talks Ukrainian, polish or Russian ? Double standard don't you think ?
        So the son is not in the Immediate Relative category, so the age does not freeze when the petition is filed. Rather, for family preference categories, CSPA allows the length of time the petition is pending to be subtracted from the age. But the petition wasn't pending for the entire period of waiting for visa numbers. So for some of that period, the clock on his age was running. Equivalently, you can think of his age "freezing" when the petition was filed, and then it "unfreezes" when his petition was approved, and then after that, his age continues to run even though he was still waiting for a visa number to become available.

        It seems certain that he has already aged out, because the petition was filed when he was 20, and the petitions for F2A don't take 4 years to approve (they only take a few months to approve). So that means he has aged out into F2B category, and the wait in that category for people born in Mexico is 20+ years.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          DACA and GC application.

          So if his mother became a US Citizen it's still a 20 year wait right ? Or is it best she stays on her Green Card ?

          Also do you see that 20 year wait getting shorter ?

          Do you see the law changing whereby they want to keep families together ? IE: the son of a mother who has either USC or GC Status, and his sister also has GC / USC status maybe given preferential status ? He has lived here most of his life and he is fluent in English.

          If Hilary or Bernie get's elected do you think that DACA may turn into provisional Green Card Status ?

          His next 2 year renewal is in Nov 2016. (Again he is on the original DACA......not the 2nd one tied up in court)

          Thx

          Comment


          • #6
            Originally posted by Onedayisenough View Post
            So if his mother became a US Citizen it's still a 20 year wait right ? Or is it best she stays on her Green Card ?

            Also do you see that 20 year wait getting shorter ?

            Do you see the law changing whereby they want to keep families together ? IE: the son of a mother who has either USC or GC Status, and his sister also has GC / USC status maybe given preferential status ? He has lived here most of his life and he is fluent in English.

            If Hilary or Bernie get's elected do you think that DACA may turn into provisional Green Card Status ?

            His next 2 year renewal is in Nov 2016. (Again he is on the original DACA......not the 2nd one tied up in court)

            Thx
            If his mother becomes a citizen, it will go into the F1 category, where the wait is even longer, 20+ years. (Although they can still choose to stay in F2B if they want.) His mother becoming a citizen will be necessary if he ever wants to get married, because there is no category for married children of permanent residents, so he cannot get married before the mother becomes a citizen, or the petition will be void. Married child of citizen (F3 category) would also be 21+ years.
            Last edited by newacct; 02-23-2016, 06:31 PM.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Sorry I messed up the numbers a bit and edited.

              This is my personal opinion and is not to be construed as legal advice.

              Comment


              • #8
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                Comment


                • #9
                  Originally posted by Onedayisenough View Post
                  Application for a Green Card while on DACA. Ok. My son in law is on the DACA program renewed every two years (the original one, not the one tied up in Court) however his mother has done the initial filing (sponsoring her son for a Green Card when he was 20 years of age.... his age is frozen....he is now 24).....however catch 22 myPennMedicine he needs to go to the US Consulate in Cuidad Juarez to complete his Green Card interview. If he does that he will create a 10 year ban! He has lived here since he was 8 years of age, been to college, graduated high school. Always a Grade A student. Any ideas ?

                  If you applied for DACA before turning age 18 (or within 180 days after turning 18): You should be able to return to your country of origin and apply for a green card through a U.S.
                  Last edited by Prill15; 03-09-2021, 02:21 AM.

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