Need Help/Advice

[succints]

I filed for the late amnesty program with my understanding being, i qualified cos my parents were here @ that time. on the forms, it was like you, your spouse or parents were present at that time. that was my understanding and thus me filing for it. i received by EAC and was scheduled for an interview.
At the same time i gat married to my current wife who is a US and we decided to file for the I485 and leave de I245 alone.
My question is.....i never made it to the interview for the late Amnesty program cos i paid money to a lawyer to withdraw that case. i received a letter frm USCIS indicating my case has being denied due to the fact that i didnt show up for the interview.
i've been scheduled for another interview with my wife and im wondering if my 1st case is gonna be a problem. anyone can advice me what to do next?. pleaseeee. i need ur advice fellow forumers.

 

[pianoplayer]

I filed for the late amnesty program with my understanding being, i qualified cos my parents were here @ that time. on the forms, it was like you, your spouse or parents were present at that time. that was my understanding and thus me filing for it. i received by EAC and was scheduled for an interview.
At the same time i gat married to my current wife who is a US and we decided to file for the I485 and leave de I245 alone.
My question is.....i never made it to the interview for the late Amnesty program cos i paid money to a lawyer to withdraw that case. i received a letter frm USCIS indicating my case has being denied due to the fact that i didnt show up for the interview.
i've been scheduled for another interview with my wife and im wondering if my 1st case is gonna be a problem. anyone can advice me what to do next?. pleaseeee. i need ur advice fellow forumers.

Hi:

You do not provide nearly enough information to answer your question. What is/was your status in the US? If you entered the US illegally, i.e. without inspection, you may have wanted to stick to that first petition, even though you do not provide enough information for me to even speculate.

In any event, if you ENTERED the US without inspection, your spouse-based petition will likely do you no good.

 

[succints]

Hi:

You do not provide nearly enough information to answer your question. What is/was your status in the US? If you entered the US illegally, i.e. without inspection, you may have wanted to stick to that first petition, even though you do not provide enough information for me to even speculate.

In any event, if you ENTERED the US without inspection, your spouse-based petition will likely do you no good.

I came with a Visa which expired several months ago. so actually i came here legally with a visitors visa to which i have a valid I-94 which has also expired. thanks very much for ur attempt to help me out. i really need it. will be waiting.

 

[pianoplayer]

I came with a Visa which expired several months ago. so actually i came here legally with a visitors visa to which i have a valid I-94 which has also expired. thanks very much for ur attempt to help me out. i really need it. will be waiting.

Hi:

Based on its own merits, the second application (AOS through your spouse) would be fine, since you did enter the US on a valid visa which expired. Your overstay SINCE you entered on the currently expired visa will be forgiven.

That said, I do not know enough about your prior history and first application to speculate whether it will affect your current application. Long periods of unauthorized stay lead to bans of different lengths, depending on the amount of overstay. These bans are usually activated by leaving the US. Since you are currently in the US, I assume that you have not incurred any bans or that you have waited out any previous bans and returned on a valid visa. But there MAY be other complications.

We really don't know anything about your first case. On what basis did you apply? How long have you been in the US unauthorized? When did you leave the US?

It may be a good idea to just have an initial consultation with an attorney in your area. The attorney will ask you all these relevant questions and give a well-informed answer. And you will have peace of mind.