Is it possible to adjust status from Deferred Action (I-821D)?

clobe

Registered Users (C)
Does anyone know if it is possible to adjust status if you were granted deferred action for childhood arrival (I-821D) and EAD. So for example can you get an H1B or if you have parent with Green Card can they sponsor you to adjust status without leaving the country?
 
hi,

I share the same concerns and I hope the law can be passed this year for all undocumented illegal immigrants, especially young immigrants.

Firstly, in order to be qualified for adjustment status, you must be "inspected" when you entered US. I read from other website that, if you have been "inspected" and those cumulated unlawful presence will be "forgiven" provided if you marry a US citizen.

Having said that, if you are qualified under Section 245(i), the I-130 petition must be filed before April 30, 2001, you may adjust your status even if you entered US illegally. There is a penalty of $1000 accompanying this.

I am not a lawyer, but from my understanding DACA does not confer any "legal" status for you to adjust your status in the USA.

You can consult a qualified immigration lawyer on this.

It is tough and long difficult road living in the country where you spent most of your childhood/life and yet not having any legal status. DACA is a step that enables you to work in US even though you are not considered "legal".

It may sound unfair to others who have come here legally and have to wait for so long to get legal status. Lots of H1-B holders might feel discontented since they can only move to new company if the prospective employer is willing to sponsor them. Thousands of them are waiting to get permanent status too.

Hopefully, you will be able to adjust your status soon.

All the best!
 
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