I-130 My mom petitioned me and more complicated

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koolitmaldito

Registered Users (C)
Hello ! Please help me with our complicated cases.

We came here on 1994 as dependent thru my mom who is an H1B at that time and I was still 15 years old. She was sponsored by a nursing home. Since our family is big (6 kids), my mom worked part time in a hospital who paid her more. After a year, she applied for adjustment of status for all of us but got denied because my mom submitted supporting documents from the hospital instead of the nursing home who originally sponsored her. (At this time she was working more hours to the hospital). But our lawyer that time said these documents will be okay. :mad:

So, my mom re-filed our adjustment of status and got the decision in August 2001 and sadly to say this was 3 months after I turned 21. Everybody got approved except me.

The new attorney advised my parents to reapply my case as I-130 for relative over 21 and this is already 2001 that means my priority date is way way later. Now, I am 27, no papers, and still cannot work.

Now, this made my case more complicated. I met a girl who's here on tourist visa. We fell in love. She decided to say with me and we had a baby. She now too is waiting for my papers so I can marry and petition her but we don't know for how long. She's been here now for 3 years as overstayer.

My question:
Can my father who just became US Citizen help me expedite my papers?
Can my mom already adjust her status as US Citizen without harming her petition?
Can my old case be reopened and I can apply for that Child act?
Is there any chance for new family to live normally here in the US?
Can my wife still stay here and wait?

Please help us.
 
Wow! that is a complicated story, I hope you can resolve it soon. I don't have a whole lot of info to help you, but I'd start looking at priority dates, which one comes first? From your mom's application or if you cancel that one from your mom and have your dad file a whole new one for you. Your momo becoming a citizen would make life easier for you, bc I think you could upgrade the petition. But as for your wife... to my knowledge she will be illegal until you become a permanent resident, then you file for her, she waits years until the PD is current. At least I am assuming the baby is a citizen, one less thing for you to worry about....
Good luck!
 
koolitmaldito said:
Hello ! Please help me with our complicated cases.

We came here on 1994 as dependent thru my mom who is an H1B at that time and I was still 15 years old. She was sponsored by a nursing home. Since our family is big (6 kids), my mom worked part time in a hospital who paid her more. After a year, she applied for adjustment of status for all of us but got denied because my mom submitted supporting documents from the hospital instead of the nursing home who originally sponsored her. (At this time she was working more hours to the hospital). But our lawyer that time said these documents will be okay. :mad:

So, my mom re-filed our adjustment of status and got the decision in August 2001 and sadly to say this was 3 months after I turned 21. Everybody got approved except me.

The new attorney advised my parents to reapply my case as I-130 for relative over 21 and this is already 2001 that means my priority date is way way later. Now, I am 27, no papers, and still cannot work.

Now, this made my case more complicated. I met a girl who's here on tourist visa. We fell in love. She decided to say with me and we had a baby. She now too is waiting for my papers so I can marry and petition her but we don't know for how long. She's been here now for 3 years as overstayer.

My question:
Can my father who just became US Citizen help me expedite my papers?
Can my mom already adjust her status as US Citizen without harming her petition?
Can my old case be reopened and I can apply for that Child act?
Is there any chance for new family to live normally here in the US?
Can my wife still stay here and wait?

Please help us.
Click to expand...

This would make for an excellent - though nightmarish - law school examination question. You need to consult with an attorney in your area ASAP. Best wishes
 
my dad, actually, after he pledged oath as new citizen, asked the uscis office about my case and the officer said that my mom can be citizen and just upgrade my case.

but you see, with uscis, the priority date is quicker but with national visa center, the priority date for that category (usc petitioning relative over 21) is still 1991. this is the same thing that the immigration attorney explained to us.

so we all are confused who to follow, the immigration officer or the immigration lawyer.

about my girlfriend, (not my wife yet because of my petition), she plans to go back home and study and come back after 10 years... i can't follow her coz i too will be able to come back...

i'm just frustrated because we can't live our life normally because of what happened in the past and to think that this is not my fault at all.
 
your case is really complicated man but no matter what you do don't get married not unti everything is solved in your case you are already 27 if you get married that's mean you no longer underyou mom, control

Good luck man go to your congressman they can help you further.
 
Follow up Question:

My mom can already file for Naturalization now.

Can this affect my I-130 petition (filed 2001) if she becomes US Citizen now?

The priority date for I-130 in USCIS is current for Citizens petitioning their child more than 21 years above but in NVC the priority date is still year 1991 for F1.

Will I wait longer if she becomes US Citizen?

Please advise. Thank you.
 
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