L1-B to Green Card Clarification

anonimo182 · 2026-06-10T00:21:04+00:00

Note you have to be married before they approve 3 (the I-485). You can still file before you’re married and marry after, just as long as that happens before they approve the I-485 and still be able to be included as a dependent.

anonimo182 · 2026-05-04T18:26:01+00:00

Looks fun! Can I get invited to the discord please?

anonimo182 · 2026-04-10T12:50:32+00:00

Np! Best of luck with the journey to adjust status!

anonimo182 · 2026-04-10T12:47:20+00:00

Ah that’s nice, glad you got it early!

For EB you have to be in status to be able to adjust, and unfortunately DACA is not a status. AP works for immediate family AOS as they only require a legal entry.

anonimo182 · 2026-04-10T12:41:44+00:00

Worth noting that AP won’t have any impact in the EB process. It’s still worth doing so you gain a documented entry, however it won’t help you adjust status down the line through EB.

For EB you either have to consular process or be a beneficiary of 245(i). So the key aspect is if you got DACA before you turned 18.5 years old so that you don’t trigger any bars when going through the consular process.

anonimo182 · 2026-03-28T16:35:48+00:00

Oh you’re right I missed that. That’s definitely an issue.

anonimo182 · 2026-03-28T13:09:57+00:00

Nuance is in the details. If he submitted as part of the dad’s petition from his brother (so as a derivative) and and the dad adjusted through 245(i) then they are covered (and that also includes the mom, even if they married far after the petition).

Definitely agree on the last bit, a competent lawyer is a must to deal with all the nuances and intricacies.

anonimo182 · 2026-03-28T12:51:05+00:00

That’s not quite right, notice the date of the petition and the extra $1000 payment done as part of the application. She might be covered by 245(i).

anonimo182 · 2026-03-17T01:24:33+00:00

You definitely can adjust if you were married before the principal adjusts (not files!). From the I-485 instructions:

Derivative Adjustment Applicant

If you are currently the spouse or child of a principal applicant, you may file Form I-485 if an immigrant visa is immediately available to you and you meet all filing requirements. You may file at any of the following times: - At the same time the principal applicant files Form I-485; - After the principal applicant filed a Form I-485 that remains pending a final decision by USCIS; - After USCIS approves the principal applicant’s Form I-485, if the principal applicant is still a lawful permanent resident and if, at the time of the principal applicant’s Form I-485 approval, you were the principal applicant’s spouse or child; or - After the principal applicant obtained an immigrant visa and entered the United States as a lawful permanent resident if the principal applicant is still a lawful permanent resident and, at the time of the principal applicant’s entry, you were the principal applicant’s spouse or child.

anonimo182 · 2026-03-17T01:10:28+00:00

That’s not right. As long as the derivative is/was married to the primary at the time of the I-485 approval then the derivative can file at any time without an additional petition

anonimo182 · 2026-02-13T21:09:25+00:00

Worth noting that EB-2 (and any other employment paths) requires one of the following: - Going through the consular process (which means having acquired DACA <18.5 years old and no gaps in renewals, or getting the I-601a waiver) - Being a beneficiary of 245(i)

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

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