Sponsorship Failed, Next Move

TrinPrince

TrinPrince

Registered Users (C)
State NYC

Hello,

I've been in this country (US) since about 3 grade and illegally (aunt bought me here for 1 year and kept me after visa expired), I'll be 30 in March.

My parents came, got their papers and I was "phased out" in 1996. Again tried sponsorship via my parents & attempts to adjust me status have yielded no results.

I need to exit this country (US). Why? I have no ss#, no credit history, no retirement plan, etc. because of these idiotic restrictions.

I'd like to go to Canada to attain my bachelors in graphics/design.

Question:

How can I leave the US (if I'm illegally here) and get a student visa to enroll in a Canadian University?

Country of origin (Trinidad & Tobago)

Thanks
TrinPrince
 
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When I applied for canadian Immigration then they asked for proof of status in US. So I think it won't be possible for you to apply from US.
What you can do is, apply for Visa from T& T while you are in US. Once visa is granted in T&T you may fly from US to Canada.
 
didyour parents or any US Citizen or Green Card Holder ever file any paper work for you prior to 2001? If so please call me for professional legal help at 410-404-6813
 
When I applied for canadian Immigration then they asked for proof of status in US. So I think it won't be possible for you to apply from US.
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If that is at all possibly in my situation, i'll have to go back to my country of origin to pick up the visa, thus incuring 10 bar.

didyour parents or any US Citizen or Green Card Holder ever file any paper work for you prior to 2001?
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Yes, I belived they filed in 2000 some sort of petition. I falied as of 2 months ago.

To follow up, in a few months my mom will reach the 5year mark
legal-resident and she will file for 'citizenship'.

In your opinion, would having my mother file for me (i'm almost 30) yield
any results?

Mostly importanly, would those results be QUICKLY?

Thank you
Olympus
 
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TrinPrince said:
Yes, I belived they filed in 2000 some sort of petition. I falied as of 2 months ago.


Olympus
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This might be the good news for you. You may have to wait until your mom gets citizenship.

But as for as Canada is concerned for time being you have to forget that. If you leave this country you will be subjected to 10-year bar.

You really need a good attorney.
 
This might be the good news for you. You may have to wait until your mom gets citizenship.
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Hello,

I've been reading up on where I stand regarding my options.

If my mom gets her citizenship & proceeds with "family-based" immigration:

I do not qualify as a "Immediate Relative" because I'm her unmarried son but I'm over 21.

I do qualify as a "Preference Immigrant" (1st Preference) because I'm her unmarried son, over 21.


My concern is, unlike immediate relatives, who are eligible to receive green cards fairly quickly, preference immigrants usually have to wait a long time to get green cards. In some categories, the waiting period can be as long as 12 years.

As a 1st preference immigrant, would I have to wait 12 years?

Worried
Fess
 
Yes, I belived they filed in 2000 some sort of petition. I falied as of 2 months ago.
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I made a ERROR in interpurting the petition. I did not fail.

My mom filed (I-130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN application) on 12/18/00

On 12/16/04 (I-130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN application) was approved........but I'm confused about the following:


The entire wording of the I-797C document:

The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United states and will apply for adjustment of status. The information submitted with the petition shows that the person for whom your are petitioning is not eligible to file an adjustment of status application at this time.

Additional information about eligibility for adjustment of status may be obtained from the local INS office.

Until the person for whom you are petitioning files an adjustment application, or applies for an immigrant visa, this approved petition will be stored in this office. If the person for whom you are petitioning becomes eligible to adjust status based on this petition, he or she should submit a copy of this notice with Form I-485, Application for Permanent Residence.

If the person for whom you are petitioning decides to apply for an immigrant visa outside the United States based on this petition, the petitioner should file Form I-824, Application for Action on an Approved Application or Petition, with this office to request that we send the petition to the Department of State National Visa Center (NVC).

The NVC processes all approved immigrant visa petitions that require consular action. The NVC also determines which consular post is the appropriate consulate to complete visa processing. It will then forward the approved petition to that consulate.
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Why am I not eligible to file an adjustment of status application at this time?

What would make me eligible?

Confused :confused:
Trin
 
You may be qualified under the 245I act

you could be able to adjust your status if your petiton was filed after jan1 1998 you must proved that you were in the country dec 21 2001 when the 245I act was re-enacted by president clinton and your application was approvable when filed. you can read more about it then decide from there
 
TrinPrince,
Hi!
Awhile ago, when I spoke to INS person about my own application, they told me that relatives of permanent residents are not illegible to apply for a GC even if their I-130 approved.
Why? Because they have to wait until their visa number becomes current.
In your case – your mom, still LPR, filed a relative petition for you.
It was approved (good news!), but since you are in the 2B category ( :( ), than, according to national Visa Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_2084.html
you have to wait another 4 to 5 years before you can file I-485. And who knows how many more years after that, before they will adjust it… :confused:
And there is nothing much you can do about it now. Just wait until your mom becomes US citizen and files for an amendment to her I-130, which will jump your preference to the 1st category (but only if you continue to be “unmarried”).

Hope this helps.
Good luck!
JG

P.S. it wouldn’t hurt INS to put a line in their I-797C notices explaining why people not eligible to apply for GC right way and what to do next.
 
you could be able to adjust your status if your petiton was filed after jan1 1998 you must proved that you were in the country dec 21 2001 when the 245I act was re-enacted by president clinton and your application was approvable when filed. you can read more about it then decide from there
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petition was filed on 12/18/00.

Been in the US since 83.

Very complex situation to prove. I will need to consult a lawyer if I decide to go with this.

Thanks


Just wait until your mom becomes US citizen and files for an amendment to her I-130, which will jump your preference to the 1st category (but only if you continue to be “unmarried”).
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Jane

Thank for the reality check.

How long does it take for a "Permant Resident" to become a "us citizen" from the time they send the papers in?


Regards
Fess
 
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