Skip to main content

Diplomatic Daca

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.

submitted by /u/throwaway-diplo-daca
[link] [comments]

source https://www.reddit.com/r/immigration/comments/qht8bv/diplomatic_daca/
Labels:

Popular posts from this blog

N-400 form {"data":null,"error":{"developerMessage":null,"userMessage":null}} message

A few questions: I filed my N400 naturalization on March 23, 2020. Nearly one year later on Feb 2021 they sent me a notice that they'll reuse my biometrics from my green card application, but they won't refund the biometric fee! At the same time April 2021 showed up on my account as the expected completion date. Last week, the status was "17 days". Today the estimated time of completion has disappeared!!! Any idea what that means? More importantly - When I click on "View PDF" link under "N-400 Application for Naturalization", to see my actual N-400 form, I get " {"data":null,"error":{"developerMessage":null,"userMessage":null}} " message! The form is also missing under "Documents -> Your Uploads" tab! So, it appears that my N400 form is missing! What does that all mean, considering that it's impossible to file without N400 form! Finally, under profile, My name is incorrectly sp...
Read more

Form I-485, Application to Register Permanent Residence or Adjust Status -

Uscis.gov - USCIS August 28, 2024 at 05:12AM Form I-485, Application to Register Permanent Residence or Adjust Status Edition Date: 08/28/24. Starting Oct. 28, 2024, we will accept only the 08/28/24 edition. Until then, you can also use the 04/01/24 edition. You can find the edition date at the bottom of the page on the form and instructions. from RSS Feed
Read more

NVC Case FE Review note

Hi everyone, my family and I are under the F3 category and we just received a notice from NVC that our documents have been approved and that we are Documentarily Qualified. My only concern is this message that we received today in addition to the acceptance: ​ " [Name of petitioner] does not meet the minimum income requirement to sponsor the intending immigrants for this case. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p . To avoid delays, an additional Affidavit of Support Form I-864 for a joint sponsor may be submitted." ​ We already have a petitioner and a household sponsor (the household sponsor's income is above the required level), but still unsure why we received this. Has anyone else received this message? All of our documents say "Approved" on NVC. Does this mean we have to find another sponsor? Can we show the consular officer our ...
Read more