Hallandale, FL asked in Immigration Law for Florida

Q: Green Card through Parent? How do I go about this?


I am a DACA recipient and an adult (21+) child of a Green Card holder.

What's the most efficient and low-cost way for me to get permanent residence?

I have read about the forms I-130 or I-485, but I am not sure which one I would apply to first, etc. I also know that I would have to wait many years before an I-130 can even get approved.

Thank you in advance!

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1 Lawyer Answer
Ana S. Mendieta
Ana S. Mendieta
  • Immigration Law Lawyer
  • Naples, FL
  • Licensed in Florida

A: Dear DACA recipient,

May I firstly assume you are an 'unmarried' son or daughter of a Permanent Resident.

For purposes of definitions, you are not a child; you are a son or daughter, because you are 21 years old or older.

You are a DACA recipient, meaning you either entered legally and overstayed your visa, or you entered without being admitted. Procedures for becoming yourself a lawful permanent resident differ.

I'll explain: If you entered under, lets say, a B1/B2 visa, you were admitted and overstayed your visa; then you could concurrently file Forms I-130 and I-485. However, since you are over 21 years of age and your parent is a lawful permanent resident (green card holder) process will take some years. The visa bulletin states USCIS is currently, Jan 2022, processing AOS (adjustment of status) cases filed on or before September 22, 2015.

However, if you entered without admission, you would first have your parent file Form I-130 on your behalf. Then wait when your priority date is available to commence Consular Process. You will refer to the Visa Bulletin also.

Immigration is very complex, I strongly suggest you consult with an immigration attorney.

I also believe, time will always run, so I suggest your case is filed, and wait until the day you can become an LPR!

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