I need some advice...

[swisha2k]

First time poster...

I came to the US as a kid in '99 (on i-94) with sibling but I left at age 18 in 2002. Between that time, mom and sibling filed for green cards (abusive relationship) and got adjustment of status (permanent residency) approved in '05. I would have been included in that process but I foolishly left the US before approval and was denied reentry (in 2002). Luckily, I got a 10 year Visa stamp in my passport from the US Embassy in my home country and was re-admitted to the US (in 2006). However, I stayed and worked in my home country waiting for my priority date which subsequently came in Jan 2008. Just then, I came back to the US, paid filing fees (lawyer), went through the procedure (biometrics/medical) and got EAD and Advance Parole months later.

On the date of interview for adjustment of status however, the immigration officer said that I filed my application too early; she said that since I passed the age of 21, my priority date had shifted to another category(??). She (Immigration Officer) also told me that I would have to withdraw my application and re-file; she made it seem that this was standard procedure and told me that she would "put my application on the side". Consequently, I withdrew application but recently got a letter from USCIS which states that I have to leave the US since I withdrew my application.

Keep in mind, I reentered the US again on a (i-94) which is only valid for 6 months. Prior, I was told by my lawyer that once application was in I could not leave, so i stayed.
If I leave again, I will more than likely be denied reentry for a very long time. Like stated, I have a lawyer and will consult with her ASAP but wanted to hear from this great community as well.
Thank you.


P.S., If this is the wrong forum for this matter then I apologize. (Mods delete)

 

[ginnu]

First time poster...

I came to the US as a kid in '99 (on i-94) with sibling but I left at age 18 in 2002. Between that time, mom and sibling filed for green cards (abusive relationship) and got adjustment of status (permanent residency) approved in '05. I would have been included in that process but I foolishly left the US before approval and was denied reentry (in 2002). Luckily, I got a 10 year Visa stamp in my passport from the US Embassy in my home country and was re-admitted to the US (in 2006). However, I stayed and worked in my home country waiting for my priority date which subsequently came in Jan 2008. Just then, I came back to the US, paid filing fees (lawyer), went through the procedure (biometrics/medical) and got EAD and Advance Parole months later.

On the date of interview for adjustment of status however, the immigration officer said that I filed my application too early; she said that since I passed the age of 21, my priority date had shifted to another category(??). She (Immigration Officer) also told me that I would have to withdraw my application and re-file; she made it seem that this was standard procedure and told me that she would "put my application on the side". Consequently, I withdrew application but recently got a letter from USCIS which states that I have to leave the US since I withdrew my application.

Keep in mind, I reentered the US again on a (i-94) which is only valid for 6 months. Prior, I was told by my lawyer that once application was in I could not leave, so i stayed.
If I leave again, I will more than likely be denied reentry for a very long time. Like stated, I have a lawyer and will consult with her ASAP but wanted to hear from this great community as well.
Thank you.


P.S., If this is the wrong forum for this matter then I apologize. (Mods delete)

you need good a lawyer.

 

[Jackolantern]

You don't enter the US on an I-94. You get an I-94 after entering the US with a visa, and there are dozens of different visas that result in an I-94 upon entry. What was the type of visa you entered with the last time? B-2?

Anyway, it is true that children over 21 go into a lower and slower immigration category. In order to be approvable in the child-under-21 category, your I-485 would have had to been filed no later than when you were 21 years and X days old, where X is the number of days it took for the underlying I-130 or I-140 to be approved (there are some nuances involved but that is the basic idea).

So unless the I-130/I-140 took 3 years to be approved*, you are classified as over 21. The next step is figuring out if and when you can file another I-485 using the same old I-130 and keeping the same priority date (if it was an I-140 rather than I-130, you definitely cannot, as I-140 does not allow for beneficiaries who are children over 21), or if you will need a fresh new I-130 filed by your mother.

*If the I-130 or I-140 actually did take about 3 years, consult a lawyer to figure out if you were young enough at the time of I-485 filing to be eligible based on the Child Status Protection Act calculation, and if yes, consider filing an appeal.

 

[swisha2k]

You don't enter the US on an I-94. You get an I-94 after entering the US with a visa, and there are dozens of different visas that result in an I-94 upon entry. What was the type of visa you entered with the last time? B-2?

To add...I am from the Bahamas. Bahamian citizens do not require a visa to enter the US if they apply for entry at one of the Preclearance Facilities located in the country. We only require a police record; you do get an i-94 if you clear customs there.

In my case though, it was mandatory that I get a b-2 visa because of my prior position.
Sorry for my prior ambiguity.

 

[Jackolantern]

To add...I am from the Bahamas. Bahamian citizens do not require a visa to enter the US if they apply for entry at one of the Preclearance Facilities located in the country. We only require a police record; you do get an i-94 if you clear customs there.

Thanks for clarifying. My point was that saying you entered with an I-94 was meaningless, because so many different visas (and non-visas, like in your situation) also involve an I-94, so mentioning the I-94 doesn't tell us anything about the type of status you entered with or the length of time you were authorized for.

Anyway, schedule a consultation with an immigration lawyer to determine the options for how to proceed. In particular:
- Do you qualify for the Child Status Protection Act based on a lengthy I-130 or I-140?
- If you don't qualify, can you refile the I-485 based on the same old I-130, as a child over 21?
- If you are not eligible to refile the I-485 based on the same old I-130, can you port the original priority date to a new I-130 (filed by your mother)?

You should also be aware that getting married changes your immigration category, which could result in being put into a slower queue or canceling your process altogether.