Disappointing News

W

Wendy-Margaret

Registered Users (C)
This morning at 7.30am we (family of 5) had our 485 interview at Tampa USCIS Florida. Everything was in order and going smoothly but for the sake that although our paper-work was submitted in 1997 (sister for sister & family) and we have been waiting 12 yrs for our priority date, now they said that because we were not here in December 2000 but came in April 2001 our case was denied:( That was one of the first questions we had asked the Lawyer and were told that because the paper-work was submitted so many years ago, it had nothing to do with what laws were passed after the world trade center events in September 2001.

Now we are back to square one despite the fact that this entire process has already costs us over $10,000.

We are now looking for alternate options:-

(1) Does anyone know if a child (US Citizen)30yrs old can file for her father & stepmother?

(2) Can my sister now adopt my two girls just so they can eventually get their green cards?

Any other advice????
 
Wendy-Margaret said:
This morning at 7.30am we (family of 5) had our 485 interview at Tampa USCIS Florida. Everything was in order and going smoothly but for the sake that although our paper-work was submitted in 1997 (sister for sister & family) and we have been waiting 12 yrs for our priority date, now they said that because we were not here in December 2000 but came in April 2001 our case was denied:( That was one of the first questions we had asked the Lawyer and were told that because the paper-work was submitted so many years ago, it had nothing to do with what laws were passed after the world trade center events in September 2001.

Now we are back to square one despite the fact that this entire process has already costs us over $10,000.

We are now looking for alternate options:-

(1) Does anyone know if a child (US Citizen)30yrs old can file for her father & stepmother?

(2) Can my sister now adopt my two girls just so they can eventually get their green cards?

Any other advice????
Click to expand...



Any US citizen can file for parents greencard, as long as she can provide proof of sufficient income to look after them. This is normally a standard above poverty line and differes from state to state. If you make over $30k per year, you should be fine.

Adopting you children for the sake of greencard will be a bad idea. I am not familiar with adoption laws in Florida, and what would be the basis for you to give up your parental rights? A greencard? You are overthinking this too much, but maybe where you came from is bad. Why did you hire a lawyer who didn't know your case was going to be denied? He's a lawyer, he should be knowledgeable about the law, not the $$$ :rolleyes:
 
Wendy-Margaret said:
now they said that because we were not here in December 2000 but came in April 2001 our case was denied:(
Click to expand...

I predicted this several months ago: http://forums.immigration.com/showpost.php?p=2003800&postcount=9

That was one of the first questions we had asked the Lawyer and were told that because the paper-work was submitted so many years ago, it had nothing to do with what laws were passed after the world trade center events in September 2001.
Click to expand...

You're right, it had nothing to do with the laws passed after 9/11. But you didn't meet the eligibility for 245i.

Now we are back to square one despite the fact that this entire process has already costs us over $10,000.
Click to expand...

I'd probably sue the attorney for malpractice, he missed a basic component of 245i eligibility that any paralegal or first-year law student would have caught.

(1) Does anyone know if a child (US Citizen)30yrs old can file for her father & stepmother?
Click to expand...

Yes. Why hasn't she already?

Can my sister now adopt my two girls just so they can eventually get their green cards?
Click to expand...

How old are they?
 
When did you arrive in the US? I need the exact month and date. :) Your lawyer should be reported to the ABA and Bar association in the state of Florida, he should know this issue well before he accepted a check from you all.
 
Additional input

My two girls are now 12yrs & 14yrs and the adoption would be a last resort to see if they can get their green cards because they are both honor roll students and doing really well here at school, that it would be a shame to have to return to the caribbean where they are not so many options.

Once again.....Paperwork submitted since 1997 (USA citizen Sister filing for another sister & family).....and we arrived in USA on June 11, 2001 and only stayed on because another lawyer (incompetent) told us we could because of the length of time the paper-work was inside.
 
Last edited by a moderator:
In reviewing the posting by Real Canadian on this subject, you had no legal basis for a greencard. If you had arrived on April 14th, then you will be celebrating a greencard today. I am sorry that a stupid lawyer screwed you over for some $$.

As far as adoption of your kids, it will reek of immigration fraud before USCIS. I suspect that a legal basis should exist for you give up your children, but in this case it seems as if it is for the greencard. This isn't a compelling reason to do so, find someone who can marry you for love, who also happens to be a USC. I can't blame you for wanting the best for you kids, but sometimes the best we seek come with real consequences. In this case, your family is going to face a difficult task.
 
Al Southner said:
As far as adoption of your kids, it will reek of immigration fraud before USCIS. I suspect that a legal basis should exist for you give up your children, but in this case it seems as if it is for the greencard.
Click to expand...
I agree. Conveniently attempting an adoption right after green card denial, when you are not disabled or destitute or have some other reason to give up the children (a reason that didn't exist before the green card denial), would scream fraud loud and clear.

That lawyer only wanted to collect a check, even though it was a clearly hopeless case. You should report that lawyer to the bar association and sue to get back the money you paid to him/her.
 
Al Southner said:
In reviewing the posting by Real Canadian on this subject, you had no legal basis for a greencard. If you had arrived on April 14th, then you will be celebrating a greencard today.
Click to expand...
Actually, I think they would have had to arrive by December 2000. It's the filing deadline that was in April 2001.
 
Jackolantern said:
Actually, I think they would have had to arrive by December 2000. It's the filing deadline that was in April 2001.
Click to expand...

Jack,

Yes, that's corret. Filing was extended till April 2001. She will face a tough sell with giving away her kids via adoption. I hear Venezuala is a terrible place, but Hugo seems to be doing a lot for the people. I don't know what is the truth, never been to Ven. I read the OP is from there or one of the S. American countries...:confused:

File a case against the lawyer in your local bar association. :D
 
Al Southner said:
I hear Venezuala is a terrible place, but Hugo seems to be doing a lot for the people. I don't know what is the truth, never been to Ven. I read the OP is from there or one of the S. American countries...:confused:
Click to expand...
In post #5 the OP mentioned the Caribbean, not South America.
 
Jackolantern said:
In post #5 the OP mentioned the Caribbean, not South America.
Click to expand...

#3 21st January 2009, 12:12 PM
Wendy-Margaret
Registered User Join Date: Nov 2008
Posts: 26

To: LucyMo/Anyone else with answers.

My sister filed paperwork in 1997 whilst we were still in Venezuela, we came to USA in 2001 and informed them of our current address, so therefore I-130 was done years ago. We received an Agent of Choice letter and I put my name and address so that all correspondence would come here to us in Florida. What I'm trying to find out is if I have to wait until the PD becomes available to pay the National Visa Center the money or do I pay it now and continue processing whatever paperwork they send meanwhile waiting on the PD to become available. (A bit confusing)....

Thanks in advance.

The above is from her earlier posting. Unless she lived in Venezuela but is from the Carribbean. I wonder what is terrible about the islands? I mean, Barbados has one of the top medical programs in the western hemisphere after Cuba. In anyway, she know what she's talking about, just don't know the facts of her situation "terrible" . What I have read is that Jamaica is one dangerous place, people cutting what is called a "battyman" with a machete. So, I like the Bahamas, Atlantis is the real deal, especially those private suites. hmmm...:D
 
kittenKat said:
Are you positive about the stepparent? I always thought it's true only if the marriage was before child turned 18 yo.
Click to expand...
(1) Does anyone know if a child (US Citizen)30yrs old can file for her father & stepmother?
Click to expand...
KittenKat is right. A US citizen over 21 year of age can apply for his parent. He/she can apply for his stepparent only if their marriage had occured before USC turned 18.
 
Wendy-Margaret said:
This morning at 7.30am we (family of 5) had our 485 interview at Tampa USCIS Florida. Everything was in order and going smoothly but for the sake that although our paper-work was submitted in 1997 (sister for sister & family) and we have been waiting 12 yrs for our priority date, now they said that because we were not here in December 2000 but came in April 2001 our case was denied:( That was one of the first questions we had asked the Lawyer and were told that because the paper-work was submitted so many years ago, it had nothing to do with what laws were passed after the world trade center events in September 2001.

Now we are back to square one despite the fact that this entire process has already costs us over $10,000.

We are now looking for alternate options:-

(1) Does anyone know if a child (US Citizen)30yrs old can file for her father & stepmother?

(2) Can my sister now adopt my two girls just so they can eventually get their green cards?

Any other advice????
Click to expand...


If your I-130 petition was filed before Jan 15, 1998 then you do not need to be physically present in the US on Dec 21 2000 to qualify under 245i. Only those who filed after Jan 15 1998 and before April 30 2001 need to show proof of physical presence. You might want to find a lawyer knowledgeable in 245i who can look into this and maybe you can file a motion to reconsider to challenge their decision.
 
You must log in or register to reply here.
Top