Visa overstay. I have an associates degree, currently pursuing Bachelor's degree with one year experience as a registered nurse.
My agency said that they will sponsor me. I would need to pay all of the fees and sign a 2 year contract.
TO adjust status in the USA you need a number of preconditions accomplished. First, you need to have an immediately available immigrant visa (immigrant petition approved and priority current). Second, you (with some rather minor exceptions) must be in a valid nonimmigrant status on the day you file your adjustment of status petition. Three, you must warrant the favorable exercise of discretion by the adjudicator as the benefit is a matter of discretion not only eligibility. If you are on DACA, chances are you have no valid nonimmigrant status in the USA. DACA is not a status. It is a stay of execution.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Whether you are able to adjust status depends on many factors. A recent development which may be useful to you is exploring the possibility of availing of advance parole and lawfully re-entering the U.S. This and the other factors in your case would best be discussed in a consultation with an immigration attorney.
Former U.S. State Department Embassy Officer. Our Firm is devoted only to the practice of U.S. Immigration Law. The answers you read on Avvo are of a general nature, and should not be relied upon solely as a basis for legal decisions.
1. You need to properly, and safely, get and use an Advance Parole
2. The sponsorship process will probably take longer than the validity of your DACA permit
3. You can NOT pay the fees .. it must be paid by the employer
Consider a Skype consultation with an attorney.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
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