Hello everyone,
I recently came across some information I was hoping to get advise on as everything I've read has only confused me more. I am a Daca recipient and have all but resolved to immigrate elsewhere if nothing changes with the program over the next year. On one of the forums I frequent I came across a post that talked about people who could adjust status based on being a grandfathered beneficiary or derivative of a family member or spouse whose application was approved as of 2001.
My family life is a bit all over the place and all i can really say is that my parents dropped the ball with me big time. I entered the country on a visitor visa in 1990 at age 7 and ended up overstaying. I lived with my parents until the age of 21 and I am now 35 and unmarried. My father was physically and emotionally abusive and would use our undocumented status against my mother and I over those years. My father is a US citizen and has been one way before 2001. He married a us citizen who is not my mother. My mother also married a us citizen who is not my father to get her lpr. I do not know if my father included me in his application and do not have a relationship with him currently to find out. My mother did include me in her application but apparently her husband did not sign off on one piece of paper in the packet acknowledging he was filing for me as well. She did not do what she needed to do to remedy this partially due to my father's abuse. She received her green card also prior to 2001.
The thing that I'm confused about is that do I need to be a visa holder to adjust status based on the 245i beneficiary clause? Am i a grandfathered derivative based on my father's status? I read that I could file a freedom of information act to find out this information.
My daca expires early 2020 and as I've stated I'm taking steps to immigrate elsewhere and since that is not guaranteed I would be devastated to know after the fact that my "freedom" was within reach this whole time. Thank you for any help you can offer.
I recently came across some information I was hoping to get advise on as everything I've read has only confused me more. I am a Daca recipient and have all but resolved to immigrate elsewhere if nothing changes with the program over the next year. On one of the forums I frequent I came across a post that talked about people who could adjust status based on being a grandfathered beneficiary or derivative of a family member or spouse whose application was approved as of 2001.
My family life is a bit all over the place and all i can really say is that my parents dropped the ball with me big time. I entered the country on a visitor visa in 1990 at age 7 and ended up overstaying. I lived with my parents until the age of 21 and I am now 35 and unmarried. My father was physically and emotionally abusive and would use our undocumented status against my mother and I over those years. My father is a US citizen and has been one way before 2001. He married a us citizen who is not my mother. My mother also married a us citizen who is not my father to get her lpr. I do not know if my father included me in his application and do not have a relationship with him currently to find out. My mother did include me in her application but apparently her husband did not sign off on one piece of paper in the packet acknowledging he was filing for me as well. She did not do what she needed to do to remedy this partially due to my father's abuse. She received her green card also prior to 2001.
The thing that I'm confused about is that do I need to be a visa holder to adjust status based on the 245i beneficiary clause? Am i a grandfathered derivative based on my father's status? I read that I could file a freedom of information act to find out this information.
My daca expires early 2020 and as I've stated I'm taking steps to immigrate elsewhere and since that is not guaranteed I would be devastated to know after the fact that my "freedom" was within reach this whole time. Thank you for any help you can offer.