i-130 Currently living in the us

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barrad0s

Registered Users (C)
Hello everyone, i just came from a visit with a lawyer, and i would like some help, please.
My mother becomes a us citizen now, in november, and she has applied for me, my brother and sister through the i130 form. We actually have lived here in the us since 2004, overstaying our visas. She got married, and now is becoming and us citizen. i always thought that watching the visa bulletin, when my month came up, we would be eligible for an status adjustment. (We got approved on the i130 in june 08) The lawyer told me today, that we have now to leave the country and ask for a pardon, to maybe be able to come back with a green card to the us, help?
 
You need to supply more details.

Exactly when did mom naturalize? How old are you and your siblings? Are any of you married? When did mom file the individual I-130's for each of you? The answeres will determine what visa category each of you are in. You were in a particular category when petitioner/mom was an LPR and a different one based on age and marital status and mom's naturalization.

If you want meaningful answers, you need to give crucial details.
 
apologize for that, we applied in april 08, got the approved letter in june 08. im 25, so i was 22 when i applied, my brother was 19. were now, 22 and 25(me). we're all not married. i used to watch the visa bulletin, and thought that would be be what would determine when to act, but after what the lawyer said today, im just not sure. ty
 
You will not be able to adjust status in the US whether she applied for you as a LPR or even if she updates the old petition filed in 2008 after she becomes a USC, you guys are subject to a 10 year bar after you leave the US to obtain ANY visa, immigrant or non immigrant.
If you leave US the ten year bar will be triggered and you will not be able to recieve any visas and get back unless you file for a waiver which is very hard to get.
The only hope for you and your brother is to marry a USC, that will be the only option for you and your brother to adjust status while remaining in the US.
If your sister is under 21 years of age now and unmarried then she might adjust status after your mom gets her citizenship.
 
tx, yep, thats what i was told, i wonder, y u even allowed to initiate the processes. stupid. the lawyer said that if we leave he would have to apply for a pardon, which could or could not be accepted, i think ill just wait, tx anyways.
 
barrad0s said:
tx, yep, thats what i was told, i wonder, y u even allowed to initiate the processes. stupid. the lawyer said that if we leave he would have to apply for a pardon, which could or could not be accepted, i think ill just wait, tx anyways.
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I am puzzled by your statement, "I think I will just wait". You will wait for what? The law is very clear, you overstayed your visa and if you ever end on the wrong side of law enforcement, in which they run your immigration status, you are going to be deported and banned for 10 years. It is best if you leave the US, file for your green card at a US consulate, it is possible that the consulate might issue the paperwork without subjecting you to a 10 year bar. Having a deportation record in your file is NOT good, but leaving on your own accord is much better. You can call the process stupid, at the end of the day a "stupid process" still stand untouched.
 
Lawyers are all about money, he made some money off you guys in the past when actually there was no sense filing and led you on and was possibly trying to make some more by filing for this so called "Pardon" of his, it is actually a waiver which is very hard to get.
 
Al Southner said:
I am puzzled by your statement, "I think I will just wait". You will wait for what? The law is very clear, you overstayed your visa and if you ever end on the wrong side of law enforcement, in which they run your immigration status, you are going to be deported and banned for 10 years. It is best if you leave the US, file for your green card at a US consulate, it is possible that the consulate might issue the paperwork without subjecting you to a 10 year bar. Having a deportation record in your file is NOT good, but leaving on your own accord is much better. You can call the process stupid, at the end of the day a "stupid process" still stand untouched.
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Al, i don't think that there will be very many people want to take a chance like that, maybe they will not subject them to a 10 year bar, that maybe is a big maybe.

Almost everybody has to get married one day in this case they are better of tying the knot sooner rather than later and find themselves a good USC wife.
 
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well what i meant is that i really dont have to got thru this, im a brazilian citizen, as well as an european citizen. i can live anywhere in the world with documents, the only reason i waited here is because our lawyer made us believe that the documents would be available for us now. i dont have to go thru this, ill just move somewhere else. tx for the help guys =]
 
namecheckvictim said:
Al, i don't think that there will be very many people want to take a chance like that, maybe they will not subject them to a 10 year bar, that maybe is a big maybe.
Click to expand...

The 10-year re-entry bar is non-discretionary; it is automatically applied and a waiver must be sought. The consular official has no discretion if the bar applies and the waiver has not been approved.
 
i just want to be clear, if i knew id have to go thru this, i would not have come here. Thru the visa bulletin, it would only be ok for me to go thru with the process in 2 years, so maybe ill wait till then, maybe not. i think ill go to italy! hehe, tx for the help guys, appreciate it!
 
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In order to adjust status to LPR based on your mother's petition, at your age you would have to be in the US legally. Only under-21 children and stepchildren of USC have their overstay forgiven.

Your brother might have been young enough to obtain a green card at the same time as your mother, if she got married to a US citizen when he was still under 18.
 
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