Need help Information about my i-130

[johnman]

My mother signed me up for the I-130 form in 2007. My mom brought me to the United States when I was 5, now I am 18 years old. My mom became a US citizen when I was 15 but I was still an immigrant at the time. As of right now I am under my TPS since august 2010. However, this is what the paper said for my case in 2007.

" The above petition has been approved. the petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status application. This determination is based on the information submitted with the petition and any relating file. If the person for whom you are petitioning believes that he or she is eligible for adjustment of status, then he or she should contact the local INS office for more information."

So does this mean my mom can't apply for me for premanent residence? If not am I eligible to get my greencard from the Life Act. Also, right now I am on a TPS.

 

[makrida]

I think you became a US citizen automatically when your Mum did 3 years ago. you should not need green card.

 

[johnman]

Trust me im not a us citizen nor do I have my greencard....the only legal status about me right now is I am under TPS( Temporary protection status)

 

[makrida]

I thought that if you were under 18 and living with your Mum when she got her citizenship, then you would get it too. Hopefully someone more experienced will come along to advise you.

Good Luck !

 

[Al Southner]

My mother signed me up for the I-130 form in 2007. My mom brought me to the United States when I was 5, now I am 18 years old. My mom became a US citizen when I was 15 but I was still an immigrant at the time. As of right now I am under my TPS since august 2010. However, this is what the paper said for my case in 2007.

" The above petition has been approved. the petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status application. This determination is based on the information submitted with the petition and any relating file. If the person for whom you are petitioning believes that he or she is eligible for adjustment of status, then he or she should contact the local INS office for more information.o does this mean my mom can't apply for me for premanent residence? If not am I eligible to get my greencard from the Life Act. Also, right now I am on a TPS.

"


You should immediately find your mother's copy of US passport, complete the passport application form, head out to the USPS, apply for US passport. If your mother became a US citizen 3 years ago, you were under 18th, you automatically became an American. How did your mother obtain her greencard? If she was sponsored by someone, why didn't she include you? Just give us some detail so that we can provide you with some meat on your bones.

 

[johnman]

Yes, your right I was under 18 when my mom got her citizenship, I was 15 as I stated. The problem is When, she filed for the I-130 Immigration Petition For relative Fiance (E), or Orphan, The Notice type: Approval Notice section: Unmarried child (under age 21) of U.S Citizen, 201(b) INA in 2007. She said," I was accepted but I'm not sure that's what it said because first it said "The above petition has been approved", then as I kept reading it says ,"The evidence indicated that he or she is not eligible to file an adjustment of status application"??? thats where i got lost it....My mom hasn't filed any papers for me until TPS was available for my country.

 

[Al Southner]

I thought that if you were under 18 and living with your Mum when she got her citizenship, then you would get it too. Hopefully someone more experienced will come along to advise you.

Good Luck !

Makrida,

You are correct in your analysis of derivative US citizenship. It is possible there is some missing information from the OP.

 

[Al Southner]

Yes, your right I was under 18 when my mom got her citizenship, I was 15 as I stated. The problem is When, she filed for the I-130 Immigration Petition For relative Fiance (E), or Orphan, The Notice type: Approval Notice section: Unmarried child (under age 21) of U.S Citizen, 201(b) INA in 2007. She said," I was accepted but I'm not sure that's what it said because first it said "The above petition has been approved", then as I kept reading it says ,"The evidence indicated that he or she is not eligible to file an adjustment of status application"??? thats where i got lost it....My mom hasn't filed any papers for me until TPS was available for my country.

Did you enter the country legally, like with a visa and overstayed it? Do you have a copy of your I-94? Do you even know what is that? What is your home country?

 

[johnman]

"[/B]


You should immediately find your mother's copy of US passport, complete the passport application form, head out to the USPS, apply for US passport. If your mother became a US citizen 3 years ago, you were under 18th, you automatically became an American. How did your mother obtain her greencard? If she was sponsored by someone, why didn't she include you? Just give us some detail so that we can provide you with some meat on your bones.

My mom got her green card through marriage but I was still in haiti. While, she had her green card and became a US citizen I was still an immigrant. Right now I am on TPS. I heared when you are on TPS you can't change your status at all :-(. but Al Southner if i can really apply for a US passport using her passport isn't USPS going to ask me for a greencard?

I believe i did come with a 1-94 because i remember seeing a sheet liek that long time ago... I did overstay because i've been here since 1999 and my home country is HAITI.. Also, i did come here in airplane but im not sure if it was legally.

 

[Al Southner]

My mom got her green card through marriage but I was still in haiti. While, she had her green card and became a US citizen I was still an immigrant. Right now I am on TPS. I heared when you are on TPS you can't change your status at all :-(. but Al Southner if i can really apply for a US passport using her passport isn't USPS going to ask me for a greencard?

I believe i did come with a 1-94 because i remember seeing a sheet liek that long time ago... I did overstay because i've been here since 1999 and my home country is HAITI

Ok, now your situation is a somehow opening up, but you need to be more specific. Did your mother ever file for your greencard as part of her own greencard petition? Something is confusing here, can you provide a chronology of events for us, because I would hate to give you false hope on your case. There is another poster on this forum, he specialized in giving people hope, even for hopeless cases...lol! Do me a favor, write your story in terms of events. For example,

Arrival in the US, 1999- visa status? tourist or greencard in the process via your mother
Greencard issued 2000, mother and so forth.

Unless I clearly see the facts surrounding your case, it will be impossible, even with good intentions to help you navigate the immigration complexities. Also, have you ever had a greencard since arriving in the US in 1999? Have you ever tried to adjust your status before in the US? Do you know if your mother filed her greencard application and listed you as a beneficiary (child of the applicant)? Have you ever being to the USCIS office for finger printing or any form of case adjudication? Sorry for all these questions, the clearer the case, the better we should be able to guide you. Since you came long before Haiti was hit by the natural disaster, I doubt it will affect your filing. Did you file for TPS status yourself?

 

[Concerned4us]

Stop trying to sort this out yourself. Go to Catholic Charities or another social service agency dealing with immigration issues for assistance. Take copies of your mother's documents (especially any applications she made on your behalf), her naturalization certificate, your birth certificate, and your current immigration documents.

 

[Al Southner]

Stop trying to sort this out yourself. Go to Catholic Charities or another social service agency dealing with immigration issues for assistance. Take copies of your mother's documents (especially any applications she made on your behalf), her naturalization certificate, your birth certificate, and your current immigration documents.

You can always rely on Concerned4US to spew crap out of his bums. What a great fake American....lol!!! This forum is able to provide assistance to this man, so maybe you need to go Catholic Charities for holy sacrament yourself...

 

[johnman]

Ok, now your situation is a somehow opening up, but you need to be more specific. Did your mother ever file for your greencard as part of her own greencard petition? Something is confusing here, can you provide a chronology of events for us, because I would hate to give you false hope on your case. There is another poster on this forum, he specialized in giving people hope, even for hopeless cases...lol! Do me a favor, write your story in terms of events. For example,

Arrival in the US, 1999- visa status? tourist or greencard in the process via your mother
Greencard issued 2000, mother and so forth.

Unless I clearly see the facts surrounding your case, it will be impossible, even with good intentions to help you navigate the immigration complexities. Also, have you ever had a greencard since arriving in the US in 1999? Have you ever tried to adjust your status before in the US? Do you know if your mother filed her greencard application and listed you as a beneficiary (child of the applicant)? Have you ever being to the USCIS office for finger printing or any form of case adjudication? Sorry for all these questions, the clearer the case, the better we should be able to guide you. Since you came long before Haiti was hit by the natural disaster, I doubt it will affect your filing. Did you file for TPS status yourself?

Al Southern can you check this post tomorrow because my mom usually comes very late.By tomorrow morning will have all the information here for you in chronological order from when she came and what she come on. Also, what I came on and what file's she field for me with all the dates. also, i didn't file TPS for me my mom file for me. I never had a green card when i arrived in the US in 1999. Yes, she did try to adjust my status on the i-130 but when i was reading it i'm not sure if it was approved or not( i wrote what the paper said in bold print look up^). She did not list me as a beneficiary when she got her green card through marriage. The only time i been in USCIS office for finger printing was 2 weeks ago for the TPS. However, i will list all the events of the dates and forms my mom and I had filled out by midnight if she comes if i am still awake, if not then in the morning.

 

[Jackolantern]

Johnman is not a citizen, neither a permanent resident! He said he is under TPS (temporary protected status), and he would have required a green card in order to derive citizenship through a parent's naturalization but he didn't have one.

Johnman, now the $64,000 question is whether you entered the US legally. That will be the key factor in whether you can obtain a green card. Do you have the I-94 from your entry? Or a US visa in your old passport that was valid when you entered?

So does this mean my mom can't apply for me for premanent residence? If not am I eligible to get my greencard from the Life Act. Also, right now I am on a TPS.

No, that statement about not being eligible for adjustment of status is not final or definitive. It is based on a preliminary look at the facts at the time of approval; for many people, there are other facts that USCIS did not know, or the facts change to make them become eligible. In your case you were not eligible back then because your mother was not a US citizen. Now she is a citizen so that has changed, and you may be eligible if you entered the US legally.

 

[johnman]

Johnman is not a citizen, neither a permanent resident! He said he is under TPS (temporary protected status), and he would have required a green card in order to derive citizenship through a parent's naturalization but he didn't have one.

Johnman, now the $64,000 question is whether you entered the US legally. That will be the key factor in whether you can obtain a green card. Do you have the I-94 from your entry? Or a US visa in your old passport that was valid when you entered?


No, that statement about not being eligible for adjustment of status is not final or definitive. It is based on a preliminary look at the facts at the time of approval; for many people, there are other facts that USCIS did not know, or the facts change to make them become eligible. In your case you were not eligible back then because your mother was not a US citizen. Now she is a citizen so that has changed, and you may be eligible if you entered the US legally.

When my mom filled for the i-130 she was a US citzen but naturalized. She just told me that I came on a fake visa. Also, that she is trying to come with $1,000 dollars to adjust stastus...what in the world is she talking about? She told that I don't have to worry because she also came here illegal but still got her papers from marriage. Is she right ? or is this all in her head?

 

[Al Southner]

When my mom filled for the i-130 she was a US citzen but naturalized. She just told me that I came on a fake visa. Also, that she is trying to come with $1,000 dollars to adjust stastus...what in the world is she talking about? She told that I don't have to worry because she also came here illegal but still got her papers from marriage. Is she right ? or is this all in her head?

Well...your mother created a beast with huge ballz for you. I don't understand what do you mean when you say "you came on a fake visa?" She came to the US via a plane and went through customs? Did she have a tourist visa or fiance visa by the intended spouse (now her husband). How did you enter the country yourself? If you flew into the US, you had to be issued a visa in Haiti. Are you saying that you used someone else's passport with their visa, and implanted your picture on theirs? As I indicated, you need to be specific and provide chronology of events, which will help us guide. Unless you do so, you risk getting some of tired and frustrated, there is nothing that zap my energy like a person who doesn't get straight to the point.

 

[johnman]

Well...your mother created a beast with huge ballz for you. I don't understand what do you mean when you say "you came on a fake visa?" She came to the US via a plane and went through customs? Did she have a tourist visa or fiance visa by the intended spouse (now her husband). How did you enter the country yourself? If you flew into the US, you had to be issued a visa in Haiti. Are you saying that you used someone else's passport with their visa, and implanted your picture on theirs? As I indicated, you need to be specific and provide chronology of events, which will help us guide. Unless you do so, you risk getting some of tired and frustrated, there is nothing that zap my energy like a person who doesn't get straight to the point.

Like she used got this person to use someone else's passport with their information but my picture was on it.She, also did the same thing and she still got her greencard but i find it hard to believe her....

1. She came into the united states in 1992, using someone else's information with her picture.
2. She got married on 5/17/97.
3. She recieved her greencard in 7/10/98.
4. I came to the united states 1/14/99 the same way she entered the united states.
5. She got divorced sometime during 2002.
6.3/10/07 she applied for naturalization for US citizen.
7. 5/10/07 she received her papers for US citizen.
8. on August 13,2007 she petition the i-130 for me.
9. july 24,2007 they approved the petition for the i-130 for me but it said i couldn't adjust status?
10.7/19/2010 she applied for the application for temporary protectected status for me and the work authorizarion papers.
11. 08/02/10 I got my biometric appointment for my TPS.
12. 08/10/10 i received my employment of authorization card.
13. 08/11/10 applied for a social security card.
14.08/20/10 i got my social security card.

7.

 

[Al Southner]

Well....it seems as if your mother is adept at criminal forays in areas in which being caught can have severe consequences. If you came to the US using someone else's credentials, the question is: when she applied for you, what profile did she use? The stolen profile as you or the real you? I mean, let us say you stole Wycleff Betrand's passport, but used your picture, he was born in 1975, but you were born in 1985, do you also happen to have Wycleff's birth certificate stating 1975? I mean, when you file for immigration, these documentation will be required.

Why did USCIS reject your I-485? I mean, since you were under age, immediate relative of a US citizen, I thought you could have adjusted without complication, as a fake person you came to the US as. This is where something isn't clear. Why did you allow your mother to apply for you under TPS? I believe that you are attempting two bites at the same apple, and each bite carries a venom, especially for your case. In my research, there is nothing which prevents you from adjusting your status in the US, provided you have the necessary documentation. Did the fake person whom you and your mother used have the same last name? I know of cases where USCIS or US Consulate required a DNA test to establish relationship.

 

[johnman]

Well....it seems as if your mother is adept at criminal forays in areas in which being caught can have severe consequences. If you came to the US using someone else's credentials, the question is: when she applied for you, what profile did she use? The stolen profile as you or the real you? I mean, let us say you stole Wycleff Betrand's passport, but used your picture, he was born in 1975, but you were born in 1985, do you also happen to have Wycleff's birth certificate stating 1975? I mean, when you file for immigration, these documentation will be required.

Why did USCIS reject your I-485? I mean, since you were under age, immediate relative of a US citizen, I thought you could have adjusted without complication, as a fake person you came to the US as. This is where something isn't clear. Why did you allow your mother to apply for you under TPS? I believe that you are attempting two bites at the same apple, and each bite carries a venom, especially for your case. In my research, there is nothing which prevents you from adjusting your status in the US, provided you have the necessary documentation. Did the fake person whom you and your mother used have the same last name? I know of cases where USCIS or US Consulate required a DNA test to establish relationship.

She used this boy information who was around my age, he was only a year older than me. I do agree with you what she was criminal like... she never did the i-485 because th i-130 said," my petition was approved but i can not adjust status". I did not know she applied me for TPS until she showed me the papers but i wouldn't have been able to stop her from doing what she wanted to do. The other boys was wayy different from my first and last name.She wanted to use my information instead of the other person information to get me in.

 

[Al Southner]

She used this boy information who was around my age, he was only a year older than me. I do agree with you what she was criminal like... she never did the i-485 because th i-130 said," my petition was approved but i can not adjust status". I did not know she applied me for TPS until she showed me the papers but i wouldn't have been able to stop her from doing what she wanted to do. The other boys was wayy different from my first and last name.She wanted to use my information instead of the other person information to get me in.

Once again, you are only giving me partial answers to the very detailed questions I asked on numerous occasions. If this was a client consultation with an immigration lawyer, you will be out over a $1,000 because you are beating around the bush. Just cut the crap and get straight to the answer I am looking for, because for the billion time, unless you can clarify key portion of your story, I or other people will be powerless to provide you with help. You are already in huge trouble for coming to the US as another boy, and if USCIS find this little nugget, you are going to be boiled like a kosher matzo ball...lol!

When your mother applied for TPS for you, did she use your real credentials or fake boy? If she used your real information, she likely signed your death warrant as far USCIS is concerned. USCIS doesn't have any information of the real you, because the real you never entered the US, but the fake boy with your picture did enter using nefarious means. I hope you understand my points here, but since you are teenaer, it's possible you aren't matured enough to understand me. Unfortunately, Jews don't speak much of French or Creole. I don't know if someone on this board speak any of those language, they might be able to meet your needs.