P ZReyes
Jan 18, 2022
DACA- i485 Family Based
I have DACA and received Advanced Parole. everything seems to be going well. USCIS has been reviewing since October. DACA is going to expire in March. If nothing come thru I am going to have to pay for DACA documentation, which is an added expense. I am trying to avoid this. Does anybody have tips other then- You have to renew DACA?
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Richard s.Jan 18, 2022
was I-130 approved?
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Waiting 4EverJan 18, 2022
@P zReyes there’s no point applying to renew Daca now since it expires in March. You should have applied prior to 4 months before its expiration. Your aos is already in queue and it’s taking around 6.5 to 7 months to get an EAD. If you apply for daca now, it will just sit on the pile and would also take the same amount of time as your aos
P ZReyesJan 18, 2022
Yes we did AOS, but the person that is helping me is saying to renew DACA to have something to protect me. I didn't renew earlier becaise I was really hoping I would at least have an interview date by now. i130 was apprived ir so I believe. in USCIS I have a 765 and 485 crrently reviewing
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Waiting 4EverJan 18, 2022
@P Zreyes… you can apply to renew your daca but you might not get it before March… it will still be the same duration as aos … what’s your Priority date? currently June filers are getting their ead now
P ZReyesJan 18, 2022
October
P ZReyesJan 18, 2022
So having my AOF in process "protect" me just as if I had my DACA?
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Waiting 4EverJan 18, 2022
@p zreyes I don’t have an answer for that… it’s better to consult a lawyer. it shouldn’t be a problem if it’s marriage based.
P ZReyesJan 18, 2022
i filed the i130 but it was together with 485 which is being actively reviewed as of now
P ZReyesJan 18, 2022
i filed the i130 but it was together with 485 which is being actively reviewed as of now
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Waiting 4EverJan 18, 2022
I-131 is not needed… it’s optional …
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Waiting 4EverJan 18, 2022
daca is already considered as out of status … at this point I don’t think it matters if renewal is submitted … you just have to wait for aos ead to come through which would probably be around April or May
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Waiting 4EverJan 18, 2022
I was on DACA… and I applied Aos through my father with daca still 1.5 years left to expire… last week I received my aos ead for 2 years. I applied in June 2021 for my aos… all the lawyers told me having an EAD does not consider you being in status…but it allows you to work in the US and not accrue unlawful presence.
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Waiting 4EverJan 18, 2022
yes you’re correct on that.. I agree.. that’s why I don’t think it should be an issue for him
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Richard s.Jan 18, 2022
just renew you DACA just to be safe… a pending I-485 doesn’t guarante lawful presence.
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Waiting 4EverJan 18, 2022
but for p Reyes, he didn’t mention his case is marriage based but rather through Advance parole. pple can adjust status through advance parole also while you’re in Daca
P ZReyesJan 18, 2022
sorry I did advance parole thru DACA. However I have now submitted aos thru my wife, who is a US Citizen
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Richard s.Jan 18, 2022
@I’m destined … I woundnt take advice from online source… attorneys usually suggest to renew regardless if I-485 will be approved or not. and what’s a couple bucks when you have peace of mind. if I was on his/her position that’s what I would do.
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Waiting 4EverJan 18, 2022
@P Reyes… No need to submit daca renewal. you’re all good.. it’s all about patience these days
P ZReyesJan 18, 2022
Thank you to all. Yes, I totally understand this is not a "legal" forum and sometimes lawyers do want to take advantage. One lawyer tried charging me for something I didn't need. I ended with another lawyer, but is is hard to trust. He says I should renew to protect me. However, it is another $1,000, more or less. This is why I wanted to hear what other ppl had to say. Thank you!!!!
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Richard s.Jan 18, 2022
firstable each persons case is different… just because he’s part of the DACA program doesn’t mean he has same immigration history that you have. attorneys will never be a waste of money. they offer proper advice in terms of immigration law and interim policies in USCIS. but good for you if you didn’t hire one. I just believe when you are dealing with something serious such as your legal status… money should be the last of your worries.
Yaya GJan 18, 2022
just renew it, that’s what I did because the processing it’s unknown with the pandemic

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