Im new on here .....I came here in 2005 on a visitors visa my mom was a permanent resident, she filed a I-130 march 2006 that got approved , she later became a us citizen in 2009, she filed adjustment of status in 2010, I got fingerprints, picture taken, got my EAD card january 2011, I got called for an interview in March,the officer said everything looks good, within 3 weeks got a denial letter stating I was out of status , what can I do now? If i was out of status why did I go through all the required procedures?
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Im lost
- Thread starter g12
- Start date
im 24 now when my mom naturalized i was 23 in when my mom naturalized? When i came here i was 18, i am single? My visitors visa only al,lowed me 6 months to remain here, so i guess by the time the i-130 was approved my visa status was up.
please help
Im 24 now when my mom naturalized I was 23 in when my mom naturalized? When I came here I was 18, I am single? my visitors visa only al,lowed me 6 months to remain here, so i guess by the time the I-130 was approved my visa status was up.
It appears that your mom filed for you either as an F2A (or F2B) [that depends on how old you were when she filed the I-130 (under 21 or 21 and up)]. NOW you are an FB-1, adult unmarried daughter of a USC. Unless Congress renews INA 245(i) again in the future, you can only adjust IF you marry a USC someday and do not depart the U.S. You have too much unlawful presence and if you leave the U.S., you will be barred for 10 years. Avoid getting arrested as that will stop the clock on "physical presence" for cancellation of removal. IF you ever get before an Immigration Judge and apply for cancellation, you need 10 years living in the U.S., no serious crimes (especially anything that stops accrual of time) AND a qualifying relative who would suffer extreme hardship upon your removal.
Read 8 CFR § 1240.20 Cancellation of removal and adjustment of status under section 240A of the Act. (and follow the trail of cross references)
Jackolantern
Registered Users (C)
Im 24 now when my mom naturalized I was 23 in when my mom naturalized? When I came here I was 18, I am single? my visitors visa only al,lowed me 6 months to remain here, so i guess by the time the I-130 was approved my visa status was up.
How come you didn't get a green card at the same time your mother got hers? How did she get her own?
In order for your overstay to be forgiven through your mom's sponsorship, she would have needed file I-130 and become a US citizen before you turned 21. She did the first but not the second, so your I-485 was denied and you need to leave the US before they send somebody to arrest you and forcibly deport you.
How come you didn't get a green card at the same time your mother got hers? How did she get her own?
In order for your overstay to be forgiven through your mom's sponsorship, she would have needed file I-130 and become a US citizen before you turned 21. She did the first but not the second, so your I-485 was denied and you need to leave the US before they send somebody to arrest you and forcibly deport you.
My sister gave her her green card in 2001 my name was on the paper but apparently I was to have my own papers separate. Thank you
It appears that your mom filed for you either as an F2A (or F2B) [that depends on how old you were when she filed the I-130 (under 21 or 21 and up)]. NOW you are an FB-1, adult unmarried daughter of a USC. Unless Congress renews INA 245(i) again in the future, you can only adjust IF you marry a USC someday and do not depart the U.S. You have too much unlawful presence and if you leave the U.S., you will be barred for 10 years. Avoid getting arrested as that will stop the clock on "physical presence" for cancellation of removal. IF you ever get before an Immigration Judge and apply for cancellation, you need 10 years living in the U.S., no serious crimes (especially anything that stops accrual of time) AND a qualifying relative who would suffer extreme hardship upon your removal.
Read 8 CFR § 1240.20 Cancellation of removal and adjustment of status under section 240A of the Act. (and follow the trail of cross references)
Thank you for your reply I know now.
Jackolantern
Registered Users (C)
My sister gave her her green card in 2001 my name was on the paper but apparently I was to have my own papers separate. Thank you
OK, that's because when a US citizen sponsors a parent, the parent's other children can't join as derivatives.
You need to leave the US and wait out the 10-year ban. If your sister files I-130 for you now, the ban would expire about the same time when they reach your priority date and you are contacted for a consular interview.
OK, that's because when a US citizen sponsors a parent, the parent's other children can't join as derivatives.
You need to leave the US and wait out the 10-year ban. If your sister files I-130 for you now, the ban would expire about the same time when they reach your priority date and you are contacted for a consular interview.
Ok I didnt know thanks you