Do I have to go back to my country to apply for green card after I-130 petition priority date is up?

At this point, it would be critical if you apply to get the new Dream Act Diversion filed before you are 30. *Dream Act - Deferred Action* As you may have heard, the DREAM ACT Deferred Action has now given the opportunity for numerous people to apply for the deferred action. This is not residency and it is not citizenship. However, if done properly, it does permit the issuance from U.S. Immigration of the approval of the Deferred Action, which in turn will allow you to get a work permit, remain legally in the U.S. for the duration of the approval of the deferred action and to be assured that you will not be placed into deportation proceedings. Additionally, this procedure will allow for us to apply for the DREAM Act Deferred Action even if you are in deportation / removal proceedings. Additionally, if you already have a removal or deportation order, we can apply for this relief. Finally, even if you or somebody you know is outside the U.S. that has been deported, but would have qualified, that person also is eligible to apply for the DREAM Act Deferred Action. Keep in mind a few advisals: 1. If President Obama is not re-elected, this form of Deferred Action may be denied and/or revoked; 2. There are no derivative beneficiaries that can apply for this type of Deferred Action. Therefore, there is a risk that you may get the approval, but your parents may be targeted to be placed into Removal Proceedings. However, at that point, depending on the particular case, we may be able to be retained to prepare and submit a Request for Prosecutorial Discretion. 3. If your DREAM Act Deferred Action is denied, there is always the risk that you will be placed into Removal Proceedings. However, the option for you to submit the Request for Prosecutorial Discretion is also open.

Read about deferred action for dreamers. Go to USCIS.gov This is the time to meet an immigration attorney.

It will depend on whether or not you entered and were inspected and admitted into the U.S. You may also have an overstay issue. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.

Based on the information given, you will need to return to your country for the immigrant visa interview when your priority date becomes current. You will also need to file for a waiver of the 10-year bar on form I-601 by showing extreme hardship to mother if you were not allowed to return earlier.

You will not be able to adjust status within the US on the basis of this petition even when the priority date is current if you are out of status and unlawfully present. If you go abroad to then do consular processing when the priority date is current, you will be barred from reentry to the US for a period of 10 years because of your overstay.