QUESTION

Am I eligible to apply under obama immigration plan

Asked on Dec 21st, 2014 on Immigration - New Jersey
More details to this question:
came here on student visa on jan 2008, am born nov 1980, my father is citizen, h1b got denied in 2011 and became out of status. I hold MS in information systems from a US university. never left USA in last 6 years. Am I elligible for any under presidents immigration bill 2014.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Pres. Obama's executive action of November 20, 2014, would not serve to remedy your situation under DACA since, even under the expanded version of DACA, applicants must still be under the age of 16 at the time of entry. However,under the expanded plans for I-601A reliefto apply to more than just immediate relatives of U. S. citizens, there is the possibility that if your father petitions for you and your priority date comes close to becoming current, you would be able to file for an I-601A waiver in the U. S., have it adjudicated while you are here, and if approved, complete your immigration by going overseas for a consular interview which in all likelihood would be uneventful. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 16th, 2015 at 12:58 PM

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