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My I485 was denied, I can still do consular processing… do I have to leave the country for the entire process? Can I still use my approved i130 ?

My father petitioned for me (i130) when I was 20 ( he is a green card holder ) . I turned 21 and was moved to the F2B category from F2A. After 4 years, my priority date became current and I filed for my adjustment of status (I485) .

It was denied because although I had lawful entry (came on a B2 visa in 2005) . I am currently not in lawful immigrant status ( overstayed our visa and applied for DACA when I was 17, still under DACA)

In order for my overstaying to be forgiven, I have to be an immediate relative of a US citizen ( unmarried children under 21, spouse of a US citizen , parent of a US Citizen).

Since I don’t fall into any of those categories (I’m a child of a PR and 25) , my overstay was not forgiven and My i485 application was denied because I was not a lawful immigrant at my time of application( DACA is not considered lawful immigrant status)

Since I haven’t accrued more than 180 of unlawful staying , I’ve had DACA since 17 ( unlawful staying only starts accruing up once you turn 18) , I was told that we could still apply through consular processing.

My dad is in the process of getting his citizenship now ( Sent in the application 2 weeks ago) .

My concern is that I’m the main breadwinner of my family . If I leave and go back to Ghana or Italy for consular processing, I won’t be able to support my mother .

Do I have to be out of the country the entire time ?

Can I reuse my approved i130 to cut down my timeline ?

submitted by /u/Galady-96
[link] [comments]

source https://www.reddit.com/r/immigration/comments/oay1ws/my_i485_was_denied_i_can_still_do_consular/
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