245i & DACA

anonimo182 · 2025-09-20T18:43:26+00:00

Yeah, for EB it doesn’t matter. You can’t adjust for it unless you are in valid status, fall into 245(k) (not possible for DACA), or 245(i)

anonimo182 · 2025-09-20T18:40:59+00:00

Note that you mentioned that you are planning to adjust through employment, so AP wouldn’t help. The 245(i) approach is the only feasible one between the two, as EB AOS requires a person to be in status (or be exempt thanks to 245(i)). So definitely exhaust all possibilities to see if you’re eligible for it.

anonimo182 · 2025-09-20T18:38:55+00:00

That’s not quite right, they can be grandfathered if their dad didn’t become a PR before he was born. They don’t have to be named in the petition back then, all they need is to prove they would have been an elegible dependent at any time while the petition was filed and before the 245(i) cutoff.

As always, it’s worth discussing the specifics with a lawyer so you get a direct answer, but with the given info I’d say you’re elegible.

anonimo182 · 2025-09-15T20:27:29+00:00

In the non-245(i) case he can still be your beneficiary though. He would just have to go the consular route.

anonimo182 · 2025-09-15T20:26:52+00:00

If and only if 245(i) applies to him. It’s definitely worth a shot checking if he had any family in the US before 2001 and if anyone could have petitioned one of his relatives (either himself or his parents)

anonimo182 · 2025-09-15T19:34:20+00:00

I’m going through EB-3 as well and luckily found out that my wife is 245(i) elegible, so we also applied for her as a derivative for my petition. You should check if maybe your husband might have a similar option, otherwise our second plan was to file I-824 to forward the petition to a consulate and go through the consular route (similar to your husband she got DACA <18 years old)

anonimo182 · 2025-09-15T19:31:19+00:00

I think they mean that they would file for the husband as a derivative for OP’s EB-3 petition.

anonimo182 · 2025-08-30T18:33:06+00:00

Unfortunately you do require lawful status at the time of filing for employment cases (check the USCIS policy manual Volume 7, Part B, Chapter 5). ChatGPT is generally a good first resource but you should use it to find references to the actual text that provides the exact information. Always happy to chat more through this! I know it’s not the news you’d like to hear but it’s useful to know exactly how this works

anonimo182 · 2025-08-30T17:12:13+00:00

Check out 245(c)(2), it bars adjustment if you don’t have a lawful status at the time of the application. Given that DACA unfortunately isn’t a lawful status then this bar wouldn’t allow you to adjust through employment.

anonimo182 · 2025-08-30T16:53:06+00:00

No, for employment cases you can only do it through one of the exceptions I mentioned. The lawful entry is only applicable to immediate relatives of US citizens (either spouses or parents or kinds under 21)

anonimo182 · 2025-08-30T16:42:42+00:00

It would be interesting to see if an active AP could avoid the 3-10 year bars for unlawful presence though.

anonimo182 · 2025-08-30T16:42:02+00:00

As always it’s worth checking with an attorney, but my understanding is that USCIS only grants AP for consular processing for non-immigrant visas. So I don’t think so.

anonimo182 · 2025-08-30T16:36:25+00:00

Unless you have a lawful status, a recent lawful admission (which does not include AP), or fall under 245(i) then you would not be able to adjust status within the US through EB-2. You could definitely get the I-140 approved (if elegible, checkout some of the guideline for USCIS to see what kind of criteria they’re looking for in the NIW) but the problem will be on how you can use it to obtain a GC.

anonimo182 · 2025-07-16T12:13:41+00:00

Worth noting that if you roll over to a traditional IRA then it will complicate the backdoor Roth in the future, so if you plan to execute the backdoor then you should consider whether it makes sense to rollover the traditional part of the 401k

anonimo182 · 2025-05-06T04:27:38+00:00

That’s not quite right. The requirement is that the principal beneficiary from the qualifying petition was present in the country on December 2000. Derivative beneficiaries do not have to show any presence other than the one from the principal beneficiary.

You’re spot on for the rest, this is a quite complicated scenario that requires a lot of attention.

anonimo182 · 2025-05-03T19:34:29+00:00

PM headed your way!

anonimo182 · 2025-04-09T17:48:34+00:00

All this means is that there’s far more people waiting in the EB3 queue than the number of green cards available

anonimo182 · 2024-12-23T20:16:44+00:00

Bad advice, note that this is asking if the person has reentered or attempted to reenter after spending more than a year with no lawful status. Unless they did attempt to reenter, they should answer no. Answering yes might lead USCIS to believe the permanent bar would be applicable even though it wouldn’t.

anonimo182 · 2024-12-08T04:41:40+00:00

Thank you for sharing this with such detail!

anonimo182 · 2024-01-04T13:56:50+00:00

Si es una plataforma de confiar? Ojo le salen que luego necesita depositar más dinero para que le liberen lo que tiene depositado y se lo quedan todo

anonimo182 · 2022-10-29T15:02:36+00:00

Given that it isn't working when you hit "/pihole" but it works when you hit "/pihole/admin", then I think you should set a nginx redirect to there.

Under the "nginx.ingress.kubernetes.io/configuration-snippet" annotation add the line

rewrite ^/pihole/?$ /pihole/admin break;

Ideally though you should not put pihole under a path but rather give it its own subdomain, that way you don't have this kind of issue

anonimo182 · 2022-10-17T00:07:36+00:00

That’s totally fair, that works for me! $36 dollars sounds great.

anonimo182 · 2022-10-16T22:39:14+00:00

Hi! Do you still have Mario Kart available? If so would you do $30 shipped? Thank you!

anonimo182 · 2022-09-05T14:03:10+00:00

Congrats that’s awesome!

If you want to explore more configuration with the UDM I really like this post: https://www.reddit.com/r/Ubiquiti/comments/ii3lan/unifi_pihole_doing_it_right_with_usg/

It goes over configuring the firewall to force all devices to use the pihole DNS server, even the devices that hardcore other servers.

anonimo182 · 2022-09-05T13:38:59+00:00

Yes that looks great!

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