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blao

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we are on last stage approved i-130 usa citzen for married daughter.
because we overstayed in usa since 1996 here do we have to leave country since we applayed only in 2003?
this would be a disaster since we have nobody in italy that con support us until get a waiver from usa counsolate....they said about 9 months if averything is ok...
my only hope is that a read something about cancellation of deportation and adjustment of status here in usa no needed to leave country...how dangerous can be to start this process, wile waiting for last stage of i-130?
i have good business, house, cars, furniture here and always paid taxes. 2 usa kids. thanx gimme hope
 
im the husnad...my wife dad (usa citizen) applied for (i130).
now we received the i765 (approved status).
we cant go back in italy.....i ear about this adjustment of status or cancellation of removal...how difficalt is?
thanx for your help
 
Illegal presence is forgiven only for parents and spouses of US citizens.

You have a problem especially since it sounds like there are other deportation proceedings pending. Off of the top of my head, I do not understand how you would qualify for any kind of a waiver; please describe the type that was suggested.

Consult with an attorney.
 
There is not any deportation proceeding ...and looks like you dont need to be in that position...here is some reading of omb#1125-0001
Aliens Eligible for Cancellation of Removal: You may be eligible to have your removal cancelled under
section 240A(b) of the Immigration and Nationality Act (INA). To qualify for this benefit, you must establish
in a hearing before an Immigration Judge that:
A. 1. Prior to the service of the Notice to Appear, you have maintained continuous physical presence
in the United States for ten (10) years or more, and you have been a person of good moral character
as defined in section 101(f) of the INA during such period;
2. You have not been convicted of an offense covered under sections 212(a)(2), 237(a)(2), or
237(a)(3) of the INA; and
3. Your removal would result in exceptional and extremely unusual hardship to your United States
citizen or lawfHow to Apply for Cancellation of Removal
If you believe that you have met all the requirements for cancellation of removal, you must answer all the
questions on the attached Form EOIR-42B fully and accurately. You must pay the filing and biometrics fees
and comply with the Department of Homeland Security (DHS) instructions for providing biometric and
biographic information to USCIS]. You must also serve a copy of your application
on the Assistant Chief Counsel for the DHS, U.S. Immigration and Customs Enforcement (ICE) as required in
the proof of service on page 8 of this application, and you must file your application with the appropriate
Immigration Court. Please read the following instructions carefully before completing your applicationul permanent resident spouse, parent, or child, and you are deserving of a favorable
exercise of discretion on your application.
 
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What is the extremely unusual hardship that would occur to a US citizen or permanent resident if you were removed from the US? The US citizen children being left behind in the US, or being taken to a foreign country, is not by itself considered extreme hardship by USCIS standards.
 
Jackolantern said:
What is the extremely unusual hardship that would occur to a US citizen or permanent resident if you were removed from the US? The US citizen children being left behind in the US, or being taken to a foreign country, is not by itself considered extreme hardship by USCIS standards.
Click to expand...

2 of my kids are us citezen and dont speak a word of italian....i cant work in italy at my age.....they cant go to any school there....1 year is a long vacation.....no house where to leave....my father in law who applyed for my wife is very old and doesnt have anybody close can take care of him and he is also a us citizen....hope is enough...i know nobody will die or may be yes...
but my question was if my wife can request an adjustment of status based on this law.....or she needs to be in removal or deportation situation to be able to request it....thank you for all your help
 
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You need to see an immigration lawyer who has experience with hardship waivers/cancellation of removal. But I'll warn you that your chances don't look good. USCIS is looking for *extreme* hardship, not just hardship. And as the immigrant, your own hardship is irrelevant to them.
 
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