My step daughter came to the united states illegally in sept.2001.My husband imediatlly filed form i-130 we rcieved the first notice of action with a priority date of October 5,2001 and notice type of married child under 21 of a us citizen.About a week later we recieved another notice of action with the same priority date but it was amended and said married child over 21 of us citizen. I think the second one was a mistake.she should have been imidiate family with no waiting for visa.Her birthday is May 26.2001.which means she was still under 21 with the priority date .nothing was ever done until I e-mailed a letter to ins to tell them the mistake and sent proof of both notices.about 2 weeks later after the e-mail packages started coming with IR2-child of us citizen.Now she has her appontment in juarez mexico on Feb.3.Do you think they will realize the mistake and give her her visa?thank you
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daughters visa through father
- Thread starter cvega1965
- Start date
TheRealCanadian
Volunteer Moderator
How old is she? She was born in 2001?
TheRealCanadian
Volunteer Moderator
Sorry, She is 27 She was born in 1981.
She's been in the US continually since 2001? Please tell me no.
TheRealCanadian
Volunteer Moderator
Sorry, but yes
Then she has a GIGANTIC problem. She's accumulated over 365 days of illegal presence, and the instant she leaves the US for her interview she will be automatically barred from re-entry for 10 years.
She needs an attorney, pronto.
TheRealCanadian
Volunteer Moderator
but it was their mistake.isn't there something they can do.
Not really. Her only hope is to wait for some sort of an amnesty to be passed, or 245i. The fact that she entered without inspection doesn't help, either.
TheRealCanadian
Volunteer Moderator
what can a lawyer do in this case?Also I have friends and relitives that got thier green cards and never had a ban how long have they been giving bans on people?
An attorney can advise you as to the specific consequences of the illegal stay. The 3/10-year bars have been around since 1997.