I came in after 2001 but before 2005 with my parents and had A2 diplomatic visa status due to my father's job at country of origin's embassy. I am from Africa. I came in as a child age 6 yrs. My parents put down wrong information on paperwork when we were coming to the USA and added 1 year to my age. For example, if I am currently 27, paperwork says I am 28. We overstayed our visa (expired 2008). My i-94 was stamped with D/S.
I got daca in 2012 when it first came out and have maintained it with no lapse ever since. I was technically 17 but due to paperwork error, I "officially" received daca at age 18 and 227 days. My employer wants to file Eb3 green card for me. PERM and i140 have already been approved. However, due to unlawful > 180 days, I am subject to 3 year bar. I am subject to 3 year not 10 year because unlawful presence accrues at age 18 and USCIS forgives 180 days or less. So I have 45 or so days unlawful presence counting against me.
With current state of immigration, my lawyer says I cannot do AOS in the USA since I do not have a current LEGAL status to adjust from. I would have to do consular interview at my country of origin in africa and apply at the consulate. However, I do not have a US citizen immediate relative to help me get i-601 or i-601A waivers. I am very nervous as without a waiver, there's possibility I cannot return to states if (God forbid) I am denied. We do not think I need a waiver due to D/S on i-94 but you never know.
If my parents had not added 1 year to my age, I would have NO unlawful presence as I was actually 17 not 18 and could do consular interview with less worry. I do not talk to them because of all the bad decisions they made which are still affecting me till today and they have never even said sorry!
Getting married to someone is out of the question, I am not dating nor do I want to date until after I sort my immigration issue out. This is very embarrassing.
Has anyone been in a similar position where they went to consular interview without unlawful presence waiver? As anyone overstayed diplomatic status and successful gotten green card? Seems consular interview is my last chance but it is a big risk. Besides unlawful presence potentially counting against me, I have no other bars to immigration.
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source https://www.reddit.com/r/immigration/comments/qht8bv/diplomatic_daca/