Hello, I am going to try to explain in every detail my case hoping someone would be able to guide me to the right path.
My brother became a US Citizen and petitioned for my parents. During their filing of the form DS 230, they have included me and my 2 siblings, as the people who will travel with them NOW (at the time of their travel) and that we were all 3 under the age of 21.
My parents recieved their green cards and travelled to United States. Me and my siblings did travel on B2 visas with them as we no longer had a place to stay in our country. (3 Daughters under the age of 21 belonged with their parents, specialy since the parents have left the country)
Upon our arrival, my mother filed I-130 applications back in April 2002 (all 3 children still under 21) but something went wrong and they recieved only 2 fees instead of 3. We have reapplied for me again as i was the one who they did not recieve the filing fee.
During the time, we have applied for extention of stay (form I-539) and was refused (I believe there was some mistakes in the way it was filed). But having no place to go back to, we have stayed in the United States and ended up overstaying our visas and therefore be out of status.
Our I-130 was approved in 2005. And from there on we were told that they will wait for an adjustment of status in order to continue with our process. Meanwhile I had 2 approval letters.
One of them got forward and I have filled the necessary documents and paid the required fees. Until I have recieved my form DS230 and My Affidavit of Support (form I-864). I have contacted many lawyers and I was told that when the time comes I will have to leave USA and go to my country to be interviewed therefore risking the 3 or 10 year bans. Although I do have a sponsor for affidavit of support, i was advised not to go forward as there is no use for it.
Is there any way to transfer that interview to USA? I know i cannot apply for adjustment of status right now because of the section 245(i) not being active. Is there any other way i could be eligible for it, like a form I-485, or that I failed to maintain my status through no fault of my own and that I had reasons beyond my control? I also read that if there was a family relation before april 2001 I might stand a chance (I dont know if my parents being in green card proceedings is considered a family relation)
Or is it possible to go back to my country and get my interview done, recieve my green card and come back with it. Or is it probable that when I go to my interview and get accepted for green card that i will not recieve it until after three or ten years? Can I maybe contact the embassy abroad and ask them to transfer the case to here?
As a period of one year passes by without contacting them, they start the termination process.. I am in that transit period. I am thinking to resend a letter to renew the one year period and not terminate my petition as I am hoping that the section 245(i) becomes active soon.
Can i profit of the new government bill that is waiting to be passed?
My brother became a US Citizen and petitioned for my parents. During their filing of the form DS 230, they have included me and my 2 siblings, as the people who will travel with them NOW (at the time of their travel) and that we were all 3 under the age of 21.
My parents recieved their green cards and travelled to United States. Me and my siblings did travel on B2 visas with them as we no longer had a place to stay in our country. (3 Daughters under the age of 21 belonged with their parents, specialy since the parents have left the country)
Upon our arrival, my mother filed I-130 applications back in April 2002 (all 3 children still under 21) but something went wrong and they recieved only 2 fees instead of 3. We have reapplied for me again as i was the one who they did not recieve the filing fee.
During the time, we have applied for extention of stay (form I-539) and was refused (I believe there was some mistakes in the way it was filed). But having no place to go back to, we have stayed in the United States and ended up overstaying our visas and therefore be out of status.
Our I-130 was approved in 2005. And from there on we were told that they will wait for an adjustment of status in order to continue with our process. Meanwhile I had 2 approval letters.
One of them got forward and I have filled the necessary documents and paid the required fees. Until I have recieved my form DS230 and My Affidavit of Support (form I-864). I have contacted many lawyers and I was told that when the time comes I will have to leave USA and go to my country to be interviewed therefore risking the 3 or 10 year bans. Although I do have a sponsor for affidavit of support, i was advised not to go forward as there is no use for it.
Is there any way to transfer that interview to USA? I know i cannot apply for adjustment of status right now because of the section 245(i) not being active. Is there any other way i could be eligible for it, like a form I-485, or that I failed to maintain my status through no fault of my own and that I had reasons beyond my control? I also read that if there was a family relation before april 2001 I might stand a chance (I dont know if my parents being in green card proceedings is considered a family relation)
Or is it possible to go back to my country and get my interview done, recieve my green card and come back with it. Or is it probable that when I go to my interview and get accepted for green card that i will not recieve it until after three or ten years? Can I maybe contact the embassy abroad and ask them to transfer the case to here?
As a period of one year passes by without contacting them, they start the termination process.. I am in that transit period. I am thinking to resend a letter to renew the one year period and not terminate my petition as I am hoping that the section 245(i) becomes active soon.
Can i profit of the new government bill that is waiting to be passed?
