Interesting Case

L

laxdef14

Registered Users (C)
okay, so my parents have been really worrying about our situation... like a lot more than they usually would. so if anyone could answer a couple of my questions would be a great help. my mom had her I-130 approved a while back under the F4 catagory (Brother/Sister of USC), shes the beneficiary and my dad and I are just tagged along for the immigration process. we are allowed to use the 245i for AOS in the future because we qualify...

1) when the time comes to apply for AOS, will we be penalized for overstaying on a B2 visa in the past even if we pay the fine (under the 245i)?

2) will there be a problem for us because we came here on a B2 and overstayed, then my aunt applied for us cause she had just gotten her citizenship?

3) my family and i traveled back once after we overstayed, the people at the POE never said anything when we came back in back in 2000. (we came here in '95 the first time) will our trip be a problem?

4) my dad once applied for asylum but didnt go to the court case because he was afraid he wouldnt be passed and be deported (dumb move on his part skipping his court appearance, i know) will that affect us in the future when we want to adjust our status here?

sorry a little long, thanks in advance
 
anyone think they have some insight on this matter? has anyone here recieve a GC by having a sibling sponsor them? thanks
 
Are you required to have an interview in your home country? If not, DO NOT LEAVE U.S. until your case gets approved.

I have a friend who is a USC, his mum overstayed in U.S. (entered by B-2 visa) for years. So he filed I-130 for his mum after he got his citizenship & his mum was later asked to have an interview at U.S. embassy in their home country. She flew back to her home country & attended the interview - her passport got a big stamp for NOT ALLOWED TO ENTER U.S. FOR 10 YEARS!
 
princesskate said:
Are you required to have an interview in your home country? If not, DO NOT LEAVE U.S. until your case gets approved.

I have a friend who is a USC, his mum overstayed in U.S. (entered by B-2 visa) for years. So he filed I-130 for his mum after he got his citizenship & his mum was later asked to have an interview at U.S. embassy in their home country. She flew back to her home country & attended the interview - her passport got a big stamp for NOT ALLOWED TO ENTER U.S. FOR 10 YEARS!
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I think your friend made the foolish mistake of opting for Consular processing instead of Adjustment of Status...still though a ten year ban wow !
 
They actually hired an attorney. I don't know what's wrong with the attorney :eek:

We advised his mum not to leave U.S., she just didn't listen to us. Now she knew the fact :(
 
princesskate said:
Are you required to have an interview in your home country? If not, DO NOT LEAVE U.S. until your case gets approved.

I have a friend who is a USC, his mum overstayed in U.S. (entered by B-2 visa) for years. So he filed I-130 for his mum after he got his citizenship & his mum was later asked to have an interview at U.S. embassy in their home country. She flew back to her home country & attended the interview - her passport got a big stamp for NOT ALLOWED TO ENTER U.S. FOR 10 YEARS!
Click to expand...


That was the stupidest thing they could do. If were tricked by CIS to go for interview in their old coutry that was a dirty trick.
If they asked for interview to the Consulate, their Attorney was an imbecil and they made a big mistake not listening to you.
 
I don't think it was a trick, I think was a totally fault of understanding how the process works. This same issue has been posted here before, people that continue making things like their relatives are going by CP when they are here and can go through AOS because they don't understand the facts. If you don't tell to USCIS that you have a CP process pending they won't know because USCIS is separate from the NVC and the Consulates.
If he applied only the I-130 means that her mother wasn't adjusting her status and all of them were acting like she was going through Consular Processing. At the end is the call of the immigrant to go through AOS or CP, USCIS doesn't decide for you.

Going to the first post, how long you overstayed in your visas?

Good luck,
 
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princesskate said:
Are you required to have an interview in your home country? If not, DO NOT LEAVE U.S. until your case gets approved.

I have a friend who is a USC, his mum overstayed in U.S. (entered by B-2 visa) for years. So he filed I-130 for his mum after he got his citizenship & his mum was later asked to have an interview at U.S. embassy in their home country. She flew back to her home country & attended the interview - her passport got a big stamp for NOT ALLOWED TO ENTER U.S. FOR 10 YEARS!
Click to expand...

well when its time to apply for AOS we will make sure our interview is to be here because of the 245i. we know about the 10 year ban for overstaying so we're def not gonna leave the US until we have the physical card or atleast a stamp on hand. thanks for the replies guys
 
cherr1980 said:
If he applied only the I-130 means that her mother wasn't adjusting her status and all of them were acting like she was going through Consular Processing. At the end is the call of the immigrant to go through AOS or CP, USCIS doesn't decide for you.

Going to the first post, how long you overstayed in your visas?

Good luck,
Click to expand...

It's not a matter of sending in an I-485 along with the I-130 to prove that you're opting for adjustment of status.... there's a field in the I-130 where you actually declare if you want to adjust status and what DO or go through consular processing and in what country.
 
cherr1980 said:
I know but without a I-485 that doesn't mean anything.
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You can file the I-130 and wait for it to be approved...months or years later, file the I-485. No I-485 does not mean Consular Processing unless you specify...which I think the mother who got the 10 year ban did.
 
this case is similar to mine..........

My husband filed the I-130 for me in April of 2001....i waited back home in my country hoping that it would take a couple of mths......unfortunately its been almost 5 years.......Anyways i came up here on a B1/B2 visa......(which i got for 1yr) since this was my first visit to the US.....i first came here in 2004 and stayed for 6mths......We made an appointment with inforpass to find out the status and what could we do to speed up the process....asked if we could adjust my status and the lady told us that there was nothing we could do since my I-130 was pending....

Now in 2001 the I-130 was the only form which he filed....they said thats all he had to file(my husbnad is a PR for the past 20 yrs)......anyway i went back home in Nov 04.......came back in Jan 05 and hvnt gone back since.....Now i've overstayed my time......My husband finally filed for his citizenship(long overdue- he's been here since 1989) He filed in February of 2005.....hoping that atleast he wld have gotten his citizenship by June of 05and he wld be able to upgrade my I-130....unfortunately thru the mistakes of USCIS sending his interview letter to the wrong address....

he finally got his interview in Jan of 06 ...so we are right now waiting for his oath letter......I dont know what happens after this when he gets his citizenship.....hope i wont be sent back home which will put me in the 10yr ban.......Hope we dont have to go thru a Lawyer....but if thats the only route then i guess we will......Sorry for the long letter but hope someone can help with my situation...Thanks
 
I think there is nothing you should be worried about. Your overstay is forgiven since your husband is U.S. citizen (by that time), all your husband needs to do is to upgrade your I-130 within the U.S. You don't have to go back to your home country.

In fact your husband should have done the naturalization years earlier so that you didn't have to wait that long.
 
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princesskate said:
I think there is nothing you should be worried about. Your overstay is forgiven since your husband is U.S. citizen (by that time), all your husband needs to do is to upgrade your I-130 within the U.S. You don't have to go back to your home country.

In fact your husband should have done the naturalization years earlier so that you didn't have to wait that long.
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Thank you for your reply princesskate......i was just hoping that we would not have to go thru another long battle.......He did not file for his citizenship back then becuz he always procrastinated about it an dafter we got married he just got bad advice.......I appreciate your reply.....thank u
 
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