Newb in dire need of help... plz!!

O

Omni

Registered Users (C)
Hi everyone...

Ok this is my situation.

My family and i moved to America when i was about two years old. My parents applied to receive their working papers (sorry if i don't know the correct terminology) ... they later received them. They didnt apply for me or my siblings yet because we were still pretty young. And my younger brother was born here so hes already set. In 1995 they applied for the GC under my grandfather because he was an American citizen. Our interview was held a few years later but my grandfather had already died. So when my parents went to the interview they told them that they couldn't do anything for us because he died so we would have to start all over.

My mother than filed for the GC again under her brother who is a citizen... This was more than 10 years ago. Me and my sister got our working papers back in 2004. But when we went to renew them about a year and half ago they denied us. For what, i have no idea. I don't get why they denied us or why we don't even have our GC's yet??? we've been to like two interviews, we've been photographed, fingerprinted EVERYTHING!! This is a big deal because im 20 years old, i cant get a drivers license, not even a state id. And worst of all my working papers are expired. It says on my social security card "Only valid for work with INS card" (which they took from me) sorry if im babbleing im just trying to state the whole situation.

On another point... im getting married in a month... And my fiance is an American citizen. How does this effect me? Do i start all over and apply for my GC under him? Will this speed the process?? Will it take another decade? i have NO IDEA what to do :(

any help would be greatly appreciated!!

btw, my parents hired a lawyer a few years ago but there was no progress so they hired a new one recently. She claims that our papers our in the immigration office across town and says that things should be moving. Call me a pessimist but ive heard that all before...

HELP!! PLEASE!!
 
First and most important questions. Did you and your parents enter this country legally? and do you have proof/evidence of that?

If you can answer "yes" to both of those questions, then you are saved.

If not, your future is not so good.
 
Then, the easiest thing for you will be to start over once you marry your US Citizen fiancee. The entire process after filing for your Green Card through him will take about 4-8 months.

While you wait for the GC, you can obtain an EAD (Employment Authorization Document) what you refer to as work papers.

You will need proof of your legal entry, i-94, stamped passport, etc.

Here is a guide telling you what the you will need: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2
 
I would also suggest that our OP determine why the second petition was denied. Petitions are always denied for a reason, even though that reason may be incorrect. Knowing what it was might be crucial.
 
I just spoke to my father and he said the reason our petition got denied was because my grandfather died.

So now they're waiting to see if they got approved this time under my uncle, i just don't understand why its taking this long. Could it have anything to do with the big problem immigration is having regarding illegal aliens??? I don't see how that would have an effect on me since i came here legally...
 
Omni said:
4-8 months? can it really go that quick?

then why is it taking so long for my family?
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It's all because of what category you are filing under. Being a married son/daughter of a USC or the brother/sister of a USC (like your parents) is a different category than being the spouse of a USC. The Visa bulletins will give the priority dates for all the categories, but if you are an Immediate Relative of the USC (unmarried child under 21, spouse or parent) then you do not have to wait for your PD to become current, you can apply for AOS concurrently with your I-130 petition.
 
Omni said:
I just spoke to my father and he said the reason our petition got denied was because my grandfather died. So now they're waiting to see if they got approved this time under my uncle, i just don't understand why its taking this long.
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You also said that the petition (or your EAD) through your uncle got denied. Why was that?
 
There are probably any number of reasons why the OP's petition would have been denied, maybe we should enumerate those that will still be a problem if the OP adjusts status based on a marriage to a US citizen? If the OP entered legally and no fraudulent claims were made in any of the petitions I can't think of many reasons why the OP couldn't adjust status after marriage based on the US citizen spouse.
 
Also, since your case has a bit of a history/past others on this forum can help you with any additional items on board. You might also want to identify a good attorney (message me for one and I will give you his information) and get a consultation on the matter. It's always good to ask here, get your thoughts, plans and ideas collected then phone an attorney with your suggested plan of attack and get their feedback (do's & don'ts) on your situation and then proceed. Usually you can get a consultation for between $50 and $300 for half an hour to an hour. Of course, I think you mentioned you were hiring an attorney - that also is a huge plus and htey will know (assuming they are good) how to proceed with any specifics with your case. Make sure you get all the evidence gathered and filed on time with your AoS once you have been married and submit your ap so there are no delays and it could very well take 3 - 9 months. Of course... if there are unforseen problems it could delay your case further. Check the signatures of the people who respnded to see their timelines. Mine didn't have a problem ever but toook a bit longer than most people (even those that were in the same city [DO] and filed within a week of me).

Good luck!
 
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Hold on, first you need to get married. Then both of you fill out and sign the forms and gather and attach the evidence required in the forms, write cover letters, figure out the sponsorship for the affidavit of support, get the required medical exam, etc. Then you send the package to the Chicago lockbox. Then you wait, have a finger printing appointment, get an interview letter, go to your interview, and hopefully you're approved. Somewhere down the line you may receive an EAD to be able to work before your permanent residency gets approved.

I think you also ought to get one or two lawyer consultations to review your prior immigrant applications with you and make sure nothing in them is a problem and/or needs to be explained on the forms when you file your new case.
 
okay so the lawyer thing is a no go. They're just too expensive right now. I recently was in an accident so my medical bills are sky high and they just keep on coming :( me and my husband are going to try to do it ourselves. Its a little nerve wrecking though i don't want to do things wrong and mess up :( my parents told me they filled out an I-30 for me a few years ago so im not supposed to fill one out again. I DON'T KNOW!! i already have papers in the system from when i was under my parents, so i don't know if its okay to just start completely over????

I don't even know what my status is really. I moved to America about 20 years ago (legally) my parents applied for the GC three years later. We never received it cause my grandfather died (thats who we filed under) so we filed again under my uncle. My parents lawyer said she got their papers to congress so it shouldn't be much longer for them. I have had a social security card for a couple years now but on it, it says "Only valid for work with INS card". I used to have it, thats how i got my first job, but when it expired they wouldn't let us renew them. I don't know why. So if i start over with filling out my papers will it get renewed??? Getting my EAD again is really my main concern. I have a great job lined up but i can't get it until then!!! Im not even able to get a state i.d. let alone a drivers license!

sorry but this is just really getting to me and i just want everything to fall in place, quickly.
 
Omni said:
my parents told me they filled out an I-30 for me a few years ago so im not supposed to fill one out again.
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Since the basis for your immigration has changed, you need a new I-130 from your spouse.

i already have papers in the system from when i was under my parents, so i don't know if its okay to just start completely over????
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Doesn't matter, you're not going through your parents any more.

I don't even know what my status is really.
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Most likely unlawfully present and subject to the 3/10 year bars.

I moved to America about 20 years ago (legally) my parents applied for the GC three years later.
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Please, please please tell me you have proof that you came to this country legally. Otherwise you will have a whole host of issues.

sorry but this is just really getting to me and i just want everything to fall in place, quickly.
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You need to focus on doing this right, not quick.
 
yes we came here legally.

i just spoke to my father and he said the I-94 is proof that we're here legally and when we moved from Jordan the embassy stamped our passports
 
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