Petition approved, but not eligible to file I 485

J

Junior_759

Registered Users (C)
On Dec, 11 2008, my mother (a LPR) filed form I 130 for both me and my sister.
On June 23rd, 2010, the petitions were approved, but the letters said we were nto eligible for adjustment of status.
My sister and I entered the country on a legal tourist visa. We were granted 6 months to be in the country, but we stayed past that time. We currently reside in the US. Is this why we are not eligible?

Also, according to the Visa Bulletin, we should be issued a visa number next month. Will we be eligible for adjusment of status once we are issued our visa number?
Our lawyer told us that we are either waitign for the Immigration reform, or for our mother to become a USC. We, on the other hand, believe that he said that since they know it is faster for us to obtain our GC once my mother is a USC, but that we shoudl be eligible even if she's a LPR, as long as we are issued a visa number.

Once again, how does the fact that we are 'out of status' affect the eligibility? Thanks in advanced.
 
Yes you will be eligible to file I-485 once the visa number is available, you fall under the classification of Immediate Relatives of a USC/LPR and in that class if you entered legally with inspection which you did any overstay is forgiven.
 
namecheckvictim said:
Yes you will be eligible to file I-485 once the visa number is available, you fall under the classification of Immediate Relatives of a USC/LPR and in that class if you entered legally with inspection which you did any overstay is forgiven.
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Only if the original poster is under 21. If not, then they are ineligible to adjust status and are likely subject to either the 3 or 10-year bars.
 
Ok, your sister cannot AOS due to your mother's sponsorship. She will trigger a 10 year ban as soon as she leaves the US. You have hope. If your mother becomes a US citizen before you turn 21, you can apply for AOS as long as you do not get married by then. Since you are 15, you have 6 years of cushion. When does your mother qualify to file her N-400?

Junior_759 said:
We entered the US in dec. 2004. My sister was under 21 at the time and I'm currently 15. My sister's 21 now.
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Your overstay will be overlooked (different from forgiven) if you AOS as the minor (under 21 and single) child of a USC mother. So you wait until she becomes a citizen.
Your sister has no options with regards to your mother's I-130. So there is no "we" here. The above applies to just you.


Junior_759 said:
So we aren't eligible until my mother becomes a USC? Or is my overstay forgiven because I'm still a minor with her being a LPR?
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He was slightly incorrect. Immediate relatives of LPRs do not have overstays overlooked. Immediate relatives of USCs have overstays overlooked. I hope this is 100% clear now. I know you are just 15 but asking the same question again and again will not lead to the answer you want to hear.

Junior_759 said:
so what namecheckvictim said is incorrect?
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Sorry, I was just really confused, because i've been getting different answers everywhere. I understand now though. Thanks a lot!

Triple Citizen said:
He was slightly incorrect. Immediate relatives of LPRs do not have overstays overlooked. Immediate relatives of USCs have overstays overlooked. I hope this is 100% clear now. I know you are just 15 but asking the same question again and again will not lead to the answer you want to hear.
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Triple Citizen said:
Your overstay will be overlooked (different from forgiven) if you AOS as the minor (under 21 and single) child of a USC mother.
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However, the overstay is also overlooked for children of LPRs if it happened before age 18 (plus a grace period of 180 days after that), and if the green card process is pursued outside the US through a consulate.

So given that Junior_759's priority date will be current next month in F2A (unless he was born in Mexico or the Dom. Rep.), he could get a green card within the next few months if he leaves the US to complete the formalities at a US consulate in his country of citizenship.

Junior_759, was a consulate specified on the I-130 that your mother filed?
 
Junior_759,

Do you know why you and your sister didn't get a green card along with your mother? How did she get her own green card?
 
My brother petitioned for my mother a few years back. there was a problem because he didn't put her name on the mailbox, so all the letters were returned to the USCIS office.
Later on my mother and brother decided to go to some lady, who was supposed to help them with the process. She filed our applications, as in, my mother's and both mine and my sister so that we would receive our GCs along with my mother's.
For some unknown reason, our petitions were processed first, Mine and my sister's, and they had scheduled our appointment.
So we went to the lady who was helping us, and she told us that since my mother had not yet received her GC, we should not attend the interview because we might be deported. Trusting her, we did not go. My case, and my sister's were pretty much lost.
My mother contnued with the process of her adjustment of status which had not been affected, and eventually got her GC.
Then in 2008, she filed my, and my sister's I 130.


EDIT: After our cases were lost because we did not attend the appointment, my mom was told by another person that we should have attended the interview and simply explained that she had not received her GC yet, and the USCIS people would push our interviews to a later date.
Jackolantern said:
Junior_759,

Do you know why you and your sister didn't get a green card along with your mother? How did she get her own green card?
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