Weird USCIS case. Passport stamp really that important?

ElConquistador

New Member
i've recently been trying to apply for citizenship with my stepfather as a petitioner. I have just turned 18. i came to the U.S. when i was 6 years old but when entering my Visa was not stamped for whatever reason. My Visa was still valid even though my passport was expired at the time of entry into the U.S. from Mexico. Although my forms were not formally denied we(parents and attorney) did receive letters that led us to believe that we(beneficiaries, sister and I) may not be eligible because they seemed to be disturbed by the fact that my passport was expired and the visa not stamped. Also because they seemed to be putting a lot of interest into my mothers legal status even though she wasn't being petitioned for or anything. However the attorney was able to find out that even though it wasn't stamped it might still be possible for the process to proceed. The biggest issue seemed to be that it was expired. So now here are my questions.

1) i read in a different post that passports not being stamped is common. so then why did they send us letters leading us to believe that because my passport was not stamped and expired that i may have been denied?

2) why was so much emphasis being placed on my mother as the process went on? f.y.i my mother is married to a born citizen of the U.S. (my stepdad)

3) Should we risk getting denied and basically "out" ourselves anyway?

However some good did come out of the whole process. i was able to obtain a social security number and an Alien number ID card for employment (NOT a greencard).

4) So now that i am 18, is there anyway that i myself could apply for citizenship or at least permanent residence?

5) Can my stepfather still (since im 18) be involved to possibly help or speed up my process?

Our attorney told us that in his whole 20+ years experience he has never seen a case quite like ours but that he felt confident that something could still be done. However after some of the responses from the USCIS he again went on to say that he had never received responses from them quite like that and advised that the best thing to do since things weren't looking too good was to wait and see if hopefully there was some change in the law.

I would be more than happy to provide further information to make understanding this case a bit easier.

All im really looking for is some explanations as to why after having the first stages go so smoothly things ended up the way they did. Also to see if there is anything i could do to help myself attain permanent residence or citizenship.

Thank You all for your time.
 
Please provide more information so we can understand the situation ... Did you get an I-94 when you entered the US, and do you still have it? Was an I-485 filed for you? If yes, when and who was the sponsor ... your father or stepfather or another relative? Is your I-485 still pending? What is your mother's immigration status? Citizen, green card, pending I-485, illegal, or something else? How long ago did you turn 18 (if you're 18 and a half that makes things potentially more troublesome).
 
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Our attorney told us that in his whole 20+ years experience he has never seen a case quite like ours but that he felt confident that something could still be done. However after some of the responses from the USCIS he again went on to say that he had never received responses from them quite like that and advised that the best thing to do since things weren't looking too good was to wait and see if hopefully there was some change in the law.

Your situation is very complex. Forum is NOT a place to seek for the legal advise. The last thing you want to do is a WRONG step just because someone advised it.

First of all, I'd suggest you to change your lawyer and go with someone with tons of experience in tricky cases. Shusterman is the one who comes to my mind (http://shusterman.com/), Ron Gotcher is another one (http://www.immigration-information.com/forums/family-based-immigration/)
Sorry, but your lawyer sounds like a person, who doesn't know how to deal with the situation.

Good luck!
 
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