I just want to thank you guys in advance for your help this is such a helpfull forum. I had my interview yesterday and unfortunately was denied my AOS. I should have researched my situation a little more before actually filing any applications but the damage is done and now is too late..... i think. Well I am currently in the US with an overstayed B1 visa so I'm here ilegally. My mother recently became a USC and we sent our I 795, I 130 and I 485 at first everything seemed fine and i got my AOE so I got really excited thinking that everything was ok, but to my surprise and lack of information I am not elegible for a GC because i overstayed my visa even though i came into the country legally. The officer that interviewed us was really nice and helpful and he took the time to explain everything to us now this is where my question is! he assured me that he was not going to inform the immigration court because i am not a criminal therefore im not a threat to the US and that i should not worry about being deported. I think that is really nice of him to give me a peace of mind but that i am aware that is part of their procedure and that is something that he has to do!! correct me if im wrong but i havent heard of anyone whos I 485 has been denied and didnt get the removal proceedings right after. I read in another forum that I should have never applied for my AOS until my visa number became available this way they wouldnt deny it i dont know how true that is that is why im here posting this. Is there any hope left for me or thats it I have to voluntarily go back to Guatemala and wait the 10 years until my visa becomes available. Thank you for your help.
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I 94 expired I 130 approved I 485 denied
- Thread starter pablito
- Start date
Jackolantern
Registered Users (C)
I assume you are 21 or older? If the I-130 was filed when you were under 21, you would be eligible for a green card through your USC mother despite the overstay. But if you're 21 or older, you would have to be in legal status and you would also need to have a current priority date (i.e. visa number becomes available) in the family 2B category to be eligible to file the I-485 based on your mother's sponsorship.
How long have you overstayed? If it's under a year, you would only have to wait 3 years, not 10 years. And whether it's 3 years or 10 years, you don't have to be in Guatemala, you just have to stay anywhere outside the US and its possessions (e.g. Puerto Rico, US Virgin Islands, Guam ,etc.)
Is there any hope left for me or thats it I have to voluntarily go back to Guatemala and wait the 10 years until my visa becomes available.
How long have you overstayed? If it's under a year, you would only have to wait 3 years, not 10 years. And whether it's 3 years or 10 years, you don't have to be in Guatemala, you just have to stay anywhere outside the US and its possessions (e.g. Puerto Rico, US Virgin Islands, Guam ,etc.)
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thanks for your response, I'm 29 years old and I have overstayed my visa for almost 5 years now, to my understanding there is no way for me to adjust status in the US even if a visa was available soon, is that right? the only way i can do that is if i was immediate family or there was an immigration reform.
When was your first entry into the US and have you had any other petitions filed on your behalf, 130 or 140 petitions? Also do you happen to have a fiance? You might be able to appeal this.
finace, lol..............................
Al Southner
Registered Users (C)
finace, lol..............................
Citi,
We have someone who specialize in advising people to appeal every denial....lol!!!!
thanks for your response, I'm 29 years old and I have overstayed my visa for almost 5 years now, to my understanding there is no way for me to adjust status in the US even if a visa was available soon, is that right? the only way i can do that is if i was immediate family or there was an immigration reform.
Well you will get a denial first of all in the intitial process but check with a proper lawyer or do some research to see if COR during the appeals process is an option for you.
Also, I am not sure about this but I think there might be a waiver for the 10 year bar available even when applied through a consulate. Once again you need to check with a good lawyer who has trial experience in immigration.
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