Don't know what to do... Plz help!

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Dulcelullaby

Registered Users (C)
I was brought to the USA when I was 7yrs old. However, the name on the visa is not my real birth name. My aunt faked a birth certificate and school records with the made up name and said to be my mother. After she got accepted and gotten my visa, she brought me to my parents in the USA. The visa expired 3yrs ago and i never used the documents or name for anything. I been living in the USA and using my real birth name( not the name from the visa and passport ) for everything including school and medical stuff. Now an adult, I got married to a USA Citizen. We want to adjust status( green card, ssn, ect...) but we don't know how. We been meeting with lawyers but we have gotten so many DIFFERENT answers, we don't know who to believe. One said, it can be done and that can change my name and others says that is fraud, what everyone else did and that i have to go back to my home country and petition something? please help! what's the best way? can it be fixed?
 
If that passport has your picture and the passport or the visa was not forged than in my opinion you entered under an assumed name and that can be treated as your alias because at one time you did used that name, yours or not but it was used by you, you can put that name in the section of other names used in the USCIS forms and explain it on the interview.
 
yes, it has my picture and my finger prints =/. Even though i used it, it wasn't my choice. The attorney told me that i can't write it on the forms since it's a fraudulent document because I don't have a real birth certificate with that name, only my real one. And the I-94 its missing with the other name so... basically, I can't use that name. However, the other lawyer said he can change it and try to explain it on some papers but its not guaranteed that they will accept my petition and get deported. I really don't know what to do or what's the best way to do it? It's so confusing.
 
People have aliases in this country with no Birth Certificate to back it up, I use a American name as a nick name, I don't have a BC or a ID to back that up, I have always disclosed that name on all of my immigration forms under other names used, so am I committing fraud? I don't think so. Besides you were just 7 years old you didn't do it somebody else did.
Beside all of the above if you don't have a I-94 then there is no sense even talking about it, does that passport has a US immigration entry stamp?
 
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You can't use just any old, run-of-the-mill, dime-a-dozen, sleazy immigration lawyer, you need to contact the ACLU.
 
Your problem is not so much the fake name, it's that she had you posing as her son.

You didn't have a legal entry, so you can't stay in the US to adjust status, unless the relevant paperwork was filed on your behalf before the cutoff in 2001 to qualify you for 245(i).

However, if you are under 19, there may be some hope for obtaining a GC through a consulate. Are you younger than 19? What kind of visa did you enter with ... a tourist visa (B1/B2)? Or an F2 or H4 visa?
 
namecheckvictim said:
People have aliases in this country with no Birth Certificate to back it up, I use a American name as a nick name, I don't have a BC or a ID to back that up, I have always disclosed that name on all of my immigration forms under other names used, so am I committing fraud? I don't think so. Besides you were just 7 years old you didn't do it somebody else did.
Beside all of the above if you don't have a I-94 then there is no sense even talking about it, does that passport has a US immigration entry stamp?
Click to expand...

yes but then again, all of my documents have a fake name and my uncles last name which makes me their daughter. I have nothing to prove that name and you used a nickname, which is fine because it comes from ur name. yea, i was young, we could argue that.

i have the stamp, only has the date.
 
Jackolantern said:
Your problem is not so much the fake name, it's that she had you posing as her son.

You didn't have a legal entry, so you can't stay in the US to adjust status, unless the relevant paperwork was filed on your behalf before the cutoff in 2001 to qualify you for 245(i).

However, if you are under 19, there may be some hope for obtaining a GC through a consulate. Are you younger than 19? What kind of visa did you enter with ... a tourist visa (B1/B2)? Or an F2 or H4 visa?
Click to expand...

yess, which there's no prove that im their daugter. Just a fake school paper.
That's exactly what one of the lawyers said. Since i didnt use my real birth name, then it counts as if I never went to security/check. All this happen in the yr 2000. And yes, im younger. B1/B2.
 
You said you are younger than 19?

The time spent in the US illegally when under 18 doesn't count towards triggering the 3-year or 10-year ban from the US. And then after turning 18, there is a 180 day grace period. So if you leave the US before 18y+180d, the ban won't apply and you can get a green card in a few months through a US consulate. They won't ban you for the fraudulent entry either; it obviously wasn't your fault given how young you were. But if you try to perpetuate the fraud by using the fake name now for your green card, that's when you'll have big problems.

If you are older than 18y+180d but still younger than 19, you would face a 3-year ban starting when you leave the US. So you could use the time to do something like work towards a degree, and then return with a green card in 2014.

But if you've spent over a year in the US illegally after age 18, the ban would be 10 years.
 
Jackolantern said:
You said you are younger than 19?

The time spent in the US illegally when under 18 doesn't count towards triggering the 3-year or 10-year ban from the US. And then after turning 18, there is a 180 day grace period. So if you leave the US before 18y+180d, the ban won't apply and you can get a green card in a few months through a US consulate. They won't ban you for the fraudulent entry either; it obviously wasn't your fault given how young you were. But if you try to perpetuate the fraud by using the fake name now for your green card, that's when you'll have big problems.

If you are older than 18y+180d but still younger than 19, you would face a 3-year ban starting when you leave the US. So you could use the time to do something like work towards a degree, and then return with a green card in 2014.

But if you've spent over a year in the US illegally after age 18, the ban would be 10 years.
Click to expand...

im about to be 19.
Thanks for the info.
 
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