Green Card Through a Citizen Mother but possibly out of Status, Need Help Please

M

michelino1

New Member
I came into this country when I was 19 on 2004 on a 2 year F1 visa with D/S on the I-94. I kept on renewing my visa through school up to 2008 and I stopped because in 2007 I applied for the green card thanks to my mother that is a citizen, thinking that I won't need the renewal of the visa anymore.
The I-485 still pending and I'm trying to reinstate myself with the F1 Visa again. I received the I-20 through school for the year 2012-2014 but the reinstatement still pending.
I just finished my Bachelor degree at the university and I'm done with school now, although my I-20 still valid up to August 2014, and unfortunately, the school can't give me an OPT until my visa reinstatement is approved. Within all these years I received 2 Working authorizations and used them to work in the meanwhile, plus I graduate 2wice I got a Bachelor and Associate in Networking telecommunication that is a STEM field.
In the meantime my priority date is August 2007 which (based on the visa bulletin) is coming up pretty soon this year.
My question is, in the situation that I am right now (Which everything still pending I-485 and Visa reinstatement) What are the chances to get my Green Card if my priority date is up and still everything is pending?

I know it's a mess how I explained my situation but if you got more questions to ask me to clarify better what I've gone through I will be more than happy to answer.

Thank you very much
 
You'll need to provide more information. Your I-485 may still be valid, or you may have violated its requirements and USCIS will deny it once they review your file. The information below would help us to figure out what your situation really is like.

1. When did you file the I-485 (month and year)?

2. When was your I-130 approved?

3. Was your mother already a US citizen when the I-130 was filed, or did she become a US citizen after it was filed?

4. Are you unmarried or married? Did your marital status change since your mother filed the I-130?

5. Did you ever leave the US since filing the I-485? If yes, did you use Advance Parole every time you reentered the US while your I-485 was pending?

6. Why on earth are you trying to reinstate your F1 status? Did somebody tell you that you need to that?

If your pending I-485 is still valid, you don't need OPT to work off campus, you can simply apply for another employment authorization based on your pending I-485.
 
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It sounds like the OP is confused; he probably meant he has not filed I-485. If he was 19 in 2004 then he would have been 21-23 in 2007, which means he would be in the F1 category.
 
I know guys it's a mess

Thank you for answering.
Ok yes I'll explain better.

1. The I-485 was filed June 2011 and on march 2012 I got a denial, then my lawyer re-applied again and now it still pending.

2. The I-130 was filed in August 2007 and approved in December 2007

3. Yes my mother was already a US citizen when we applied for all this

4. I am an unmarried son and I applied for all this when I was already 21 and over

5. I never left the country. I was always here going to school.

6. I'm trying to reinstate because they are telling me that I lost my visa...not that I physically lost the visa but what I mean that I lost my status as Visa. I know because I haven't renewed my visa once I started to apply for the I-485 thinking that I wouldn't need to renew it anymore, instead, pardon my language as I've been very angry for over 6 years, those dumb people at the immigration don't know how to read papers!, they took so long to answer me! over 2 years! for an answer. The counselor in school told me that I had to reinstate for the visa at least to gain some status here in USA, so I have on my hand a new I-20 but it seems that the actual visa status it still under pending.

Regarding the work authorization. this is exactly what's happening
- applied in December 21 2006
- got an answer of APPROVAL in January 2007
- received the Employment card in February 1 2007 valid until 2008 (BUT NO FINGERPRINT! somehow!) I can even send you the card picture tho. I think back in 2007 they weren't doing that, but I'm not sure
- then I tried to reapply again and they gave me such a hard time until...I reapplied again
- got approved and went for fingerprint in July 2011
- got my card on October 31 2011 valid until October 2012
- After that! they always denied me because my I-485 in march 2012 got denied (As U READ ABOVE)
- Now I re-applied again...and I'm still waiting.

Pretty much overhaul I'm in pending with Visa reinstatement, I-485 and Working authorization. Which I'm pretty sure it's a lot. I changed Lawyer because this lawyer I had was truly a mess! and always assured me that even if everything is pending, if my priority date comes (August 2007, which is supposed to come around October 2014) they should give me the green card no matter what.
Now this new lawyer (it's a Pro) told me that I should at least apply for a B2 visa just to gain status here in USA so at least it will be such a huge help for the priority date and possibly a newer re-application of the I-485.
 
michelino1 said:
1. The I-485 was filed June 2011 and on march 2012 I got a denial, then my lawyer re-applied again and now it still pending.
Click to expand...
The I-485 was correctly denied. The visa bulletin for June 2011 (see http://www.travel.state.gov/visa/bulletin/bulletin_5452.html) shows May 2004 for the Family 1st preference (F1) category, so you were NOT eligible to file I-485 at that time.

After checking a few of the visa bulletins in 2012 and 2013 which show cutoff dates for F1 in 2005 and 2006, it also appears that you were not eligible to reapply for the I-485 because your priority date is August 2007.

Looks like the lawyer scammed you out of your money, charging you to file an application for which you were absolutely and definitively not eligible at the time.

Find another lawyer ASAP.
 
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