Green Card Denied... What now?!

[Jackolantern]

I left the US in 2008, when I was 16.. And no, I'm from Brazil.
Do you think the fact that I left before turning 18 makes any difference? I hope so.

Yes it does. Time spent in the US illegally when under 18 is not counted towards triggering the 3-year or 10-year ban. And for the immigrant intent aspect, the time under 18 in the US when waiting in the green card process is not viewed as harshly as time spent over 18, since when you're under 18 it was primarily your parent's intention to immigrate and you were just a minor accompanying them. Now that they are outside the US, that makes your case even better.

After completing 1 or 2 years in university in your home country (enough to show that you're a genuine student making progress in your studies so you're not likely to suddenly give it up to overstay in the US), apply for a tourist visa to the US. If approved, go and visit the US at least once or twice before your degree is complete.

Then when your degree program is complete or almost complete, apply for the student visa. By then you would have built up enough of a record of living in your home country for years and visiting the US without overstaying, so you should not have much of a problem with getting a student visa.

 

[Jackolantern]

Praxx, my father went to another attorney and was told that there were no more ways of appealing (and if there were, It'd be a waste of time and money on other attorneys) so my dad gave up.

From what you've mentioned regarding the company not operating legally at the time, that's probably correct. And even if there were grounds for appeal, the company would have to pursue the appeal because it's an issue with the I-140 and company eligibility; as an employee, your father would have no standing to do anything about it (other than urging the company to deal with it).

 

[Al Southner]

Really, lawyers' "simple mistakes" can result in terrible turns in many people's lives.

This wasn't a simple mistake, it was a broad daylight robbery of the OP's family, which continued for over 10 years by the shoddy lawyer. The lawyer should have know when the petition was filed that it has no chance in hell to succeed.

The OP should follow Jack's advise, study in Brazil and visit the US during one summer for a week or two, leave to go back to Brazil. IMO, when that times comes to apply for US visa, just be truthful with the consulate about that fact that your parents applied for an immigrant visa while you were a minor. However, as to the details of what was filed by your parents, act ignorant and clueless about process, because US consulate officers seem to enjoy denying people a visa to the US.

 

[f1study]

Side note: visa process may work in a more weird and unpredictable way.

Previously, I got tourist visa to US for a summer. I followed all the rules, left before visa expired etc. One year later, I applied for F1 visa. I was declined 3 times before being able to get visa. The embassy didn't give me any specific reason, just saying "you couldn't prove that you have non-immigrant intent nor the purpose of your trip". In all those times, I had strong documentations and financial support. So I guess F1 visa is more difficult than tourist visa?!? The fact that I had tourist visa and followed all the rules didn't help me at all

Anyway, that was 4 years ago. I eventually got F1 visa, came to US, and got married recently. However, at the time I applied for F1 visa, I really had no immigrant intent nor any immigrant documents were filed. I still find it weird that I got declined 3 times. But if you keep trying, you may get lucky.

 

[Kenny_R]

Just a thought here. The first attorney should have known the requirements for I-140, and whether your dad is eligible or should file I-140.

Thinking about those 10 years and the amount of money that he wasted... Jesus... If your dad knew he were not eligible for I-140, he might have found other paths, or made better plan for you to stay in US. Or at least, you guys wouldn't have had to wait for 10 years in stress. Sorry to say, you may apply for F1 visa now if you want, but your case will be difficult, as other people explained above.

Really, lawyers' "simple mistakes" can result in terrible turns in many people's lives.

Interesting thing is I was able to leave the country 2 times and go back, work permit, driver's license, social security and all these "Oh yes, I'll get the Green Card" kind of stuff.
Even though I thank God we received these things, can anyone explain to me why they allow them to be given before the Green Card is actually accepted? It brings the hope up, lol..

 

[Kenny_R]

Yes it does. Time spent in the US illegally when under 18 is not counted towards triggering the 3-year or 10-year ban. And for the immigrant intent aspect, the time under 18 in the US when waiting in the green card process is not viewed as harshly as time spent over 18, since when you're under 18 it was primarily your parent's intention to immigrate and you were just a minor accompanying them. Now that they are outside the US, that makes your case even better.

After completing 1 or 2 years in university in your home country (enough to show that you're a genuine student making progress in your studies so you're not likely to suddenly give it up to overstay in the US), apply for a tourist visa to the US. If approved, go and visit the US at least once or twice before your degree is complete.

Then when your degree program is complete or almost complete, apply for the student visa. By then you would have built up enough of a record of living in your home country for years and visiting the US without overstaying, so you should not have much of a problem with getting a student visa.

Wow, you just killed some hundreds of doubts!
I'll copy and paste this on my brain notepad because they are helpful tips!

This wasn't a simple mistake, it was a broad daylight robbery of the OP's family, which continued for over 10 years by the shoddy lawyer. The lawyer should have know when the petition was filed that it has no chance in hell to succeed.

The OP should follow Jack's advise, study in Brazil and visit the US during one summer for a week or two, leave to go back to Brazil. IMO, when that times comes to apply for US visa, just be truthful with the consulate about that fact that your parents applied for an immigrant visa while you were a minor. However, as to the details of what was filed by your parents, act ignorant and clueless about process, because US consulate officers seem to enjoy denying people a visa to the US.

Yeah, too bad I was too young to be consious enough about the process and join an Immigration Forum, and problems would've been avoided/solved.
I'll follow up on your guys' hints, thanks!

Bad thing is, even though I got a lot of experience from my stay in the US... Since I was young, I ended up acclimatizing to the place/habits.

 

[Jackolantern]

Even though I thank God we received these things, can anyone explain to me why they allow them to be given before the Green Card is actually accepted? It brings the hope up, lol..

Why shouldn't they give those things before the green card is finalized? People shouldn't have to freeze their lives, unable to work or get a driver's license because of USCIS being slow to process the I-485.

Where the authorities messed up is with taking so long to find an issue with the I-140. They should have properly checked out the company's registration and other such details within a year of the I-140 filing, instead of taking 9 years to find a problem with it.

 

[Jackolantern]

The fact that I had tourist visa and followed all the rules didn't help me at all

Maybe you had so much trouble because you are from a country whose people have a high rate of overstay. But still, traveling with the tourist visa probably helped you in the end, because you eventually got the F-1 visa.

And it probably helped me, because I had no problem getting a student visa after having used a tourist visa repeatedly since I was about 15. What was nice was that when they approved my student visa, they also extended my tourist visa to a date beyond my expected graduation date! Otherwise the tourist visa would have expired when I was still a student.

 

[Al Southner]

Interesting thing is I was able to leave the country 2 times and go back, work permit, driver's license, social security and all these "Oh yes, I'll get the Green Card" kind of stuff.
Even though I thank God we received these things, can anyone explain to me why they allow them to be given before the Green Card is actually accepted? It brings the hope up, lol..

Kenny,

The idea behind issuing a work permit and other benefits while the green card petition is pending, is to just make sure that the applicant is able to function while USCIS takes a decade to make a decision or adjudicate the case. However, it takes 10 years because of the applicants ahead of your family's petition. I don't think it is false hope, it's just a reasonable accommodation. Be glad you have your family in the sunny Brazil, and do well in college there, which should give you a stronger case to apply for a student visa for graduate school in the next 4 years. In the interim, find a job and attend school, F1 visa requires huge $$$ to show sufficient financial stability to finance own studies.

 

[f1study]

In my case, tourist visa didn't help me at all. Eventually I got F-1 visa because I got some school officials and a well-known professor in US write letters urging the embassy. In my last interview, IO only read those letters and approved visa. In the previous 3 interviews, IO asked me all kinds of things, including my tourist visa, and declined F1 visa.

I'm just saying "in my case" or "for people in my country". Who knows, the thread starter may be from such country. Now looking back, the F1 visa process still seems to be weird and unpredictable to me.