I-485 for DACA

J

jhonatan

New Member
I currently have my working permit through DACA. I also got approved on the I-130. My father is a green card holder. The NVC already emailed me with the fees I have to pay. I understand that if I pay the fees I'll have to go back to Brazil to do medical exams, and for the consulate process.

If however, I do the I-485 can I get everything done here?

My lawyer says I don't qualify for an I-485 because I came through Mexico. However, my dad also came through Mexico and got everything done here.
 
One of the requirements for Adjustment of Status (I-485) is that you are currently in legal status, unless you are in the Immediate Relative category (spouse, minor child, or parent of a U.S. citizen). DACA is not a status (in fact one of the requirements of DACA is that you're not in legal status as of 2012). If your father were a U.S. citizen, and you were under 21, and you entered the U.S. legally, you would be able to do Adjustment of Status. Or if you were married to a U.S. citizen, and you entered the U.S. legally, then you would also be able to do Adjustment of Status. But otherwise, you do not qualify for AOS.
 
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newacct said:
One of the requirements for Adjustment of Status (I-485) is that you are currently in legal status, unless you are in the Immediate Relative category (spouse, minor child, or parent of a U.S. citizen). DACA is not a status (in fact one of the requirements of DACA is that you're not in legal status as of 2012). If your father were a U.S. citizen, and you were under 21, and you entered the U.S. legally, you would be able to do Adjustment of Status. Or if you were married to a U.S. citizen, and you entered the U.S. legally, then you would also be able to do Adjustment of Status. But otherwise, you do not qualify for AOS.
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How long would I have to stay in Brazil? My work, school, every part of my life is based in America.
 
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