Please Advice

I guess I am lucky or found a great lawyer. Like i said answered the IO officer with the truth of how i came back in (illegally).
 
OP, I'm happy for you personally if it works out, especially for your son.

As to your comment about feeling you deserve to be here after 17 years, let me give you my own perspective: I've been here 12 years, all legal, and four nonimmigrant visas, five status documents, and ten entry inspections later I still don't take anything for granted here.
 
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This sounds fishy still. An IO can not overlook the requirements for AOS, specially the one that says the alien must have entered the US legally. :mad:
 
This sounds fishy still. An IO can not overlook the requirements for AOS, specially the one that says the alien must have entered the US legally. :mad:

I agree. Perhaps the reason is that she has a US citizen son that needs to be taken care of? I'm not sure about these cases, someone else enlighten me ... let's say both parents were illegal but their child is a US citizen, what would happen in this case? Would deportation proceed anyway? Would the citizen child be deported with the parents or custody taken away from the parents?
 
Anchor babies (children born in the US to illegal immigrants) even though they are citizens, can not be used for "immigration purposes" until they are adults.

That being said. AOS Adjudication can not be a subjective matter, meaning if you do not fulfill the initial requirements (i.e. Having entered with inspection) then you can not receive the benefit.

You can not adjust your status, when you have no status in the USA.

Child being an USC or not, there are other ways (moving to the home country as a family or whatever) but unless they got a waiver or inadmissibility or a presidential pardon. If USCIS adjudicated his case without it then it was a corrupted or incompetent IO.
 
Anchor baby

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Anchor baby or jackpot baby are pejorative terms[1][2] used to refer to a child born in the United States to illegal aliens or other non-citizens. Such a child is legally a citizen of the United States. The term refers to a resident alien's child's role in facilitating "chain migration" under the provisions of the Immigration and Nationality Services Act of 1965. Immigration reductionists claim that the baby would become the "anchor" of a chain by which its family may receive benefits from social programs, and by which the parents may themselves eventually become lawful permanent residents or citizens of the United States.
A US-born child cannot in fact sponsor his/her parents for legal immigration to the United States until he/she becomes an adult, and illegal immigrant parents do not gain any additional legal rights based solely on the fact that they have had a child born in the US. However, illegal immigrant parents of US-born children often avoid deportation by immigration judges because they are the biological parents of minors, who have every right to be in the US as citizens. Deporting the illegal parents of US-born children causes the legal breakup of families, and judges are often unwilling to do this until the child is an adult, at which time the child can apply to sponsor their foreign-born parents for US citizenship.[citation needed]
The term "anchor babies" is also used to refer to children born to women who are legally in the US on temporary visas (for example a visitor’s visa) when the child's birth is specifically intended[citation needed] to obtain citizenship for the child under US law; however, this is more precisely described as birth tourism.

As seen here: http://en.wikipedia.org/wiki/Anchor_baby

It is the way these children are known in immigration lingo. Pardon if you are offended, but the point is clear. This case sounds fishy, because the poster may not be deported (until his son is 18) but, he CAN NOT Adjust his status from No Status to Permanent Resident.
 
This is from I-485 supplement A. I don't think there's any corruption going on.


Section 245(i) of the Act allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even thoughsome of the conditions required by section 245(a) and (c) of the Act are not met. Aliens in the United States who have animmigrant visa immediately available, but who entered the United States without inspection, remained in the United Statespast the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245(c) ofthe Act must submit this form along with Form I-485, Application to Register Permanent Residence or Adjust Status.
 
Anchor baby or jackpot baby are pejorative terms

A word or phrase is pejorative if it implies contempt or disapproval. The adjective pejorative is synonymous with derogatory, derisive, and dyslogistic. When used as an adjective, pejorative has two meanings: (1) tending to make or become worse, and (2) tending to disparage or belittle. [1] When used as a noun, pejorative means "a belittling or disparaging word or expression". [2] Since meanings change over time, an up-to-date dictionary should be consulted for information on specific words.



There is no point in use pejorative, offensive or degrading terms with the limited resources of this community. It violates what this board is for. There is enough boards on the internet to spread hate. Lets limit the subject to immigration.
 
Are you an "anchor baby"? You seem to take this way too personal...I don't think anyone was trying to "spread hate" or belittle anyone... it is a term used while talking about immigration...and that's what we are talking about here...relax...
 
no i am not, otherwise I wouldn't be in this board (I would be a US citizen by birth), and I dont even have kids. I am a legal immigrant who just happens not to agree with derogatory or offensive terms, specially towards kids. That is all.
 
Well... technically you could be on this board if you were an anchor baby and were trying to help your illegal immigrant parents...
I have 2 "anchor babies" myself... I guess it's just a matter of opinion if you feel this is offensive term or not... I feel that it's a technical term...
 
I believe the general opinion is that is an offensive terms towards a kid (if you read the definition is "pejorative" which means is used to belittle) and that is not acceptable in my book. I would never refer toward a baby or child by any other way that "baby or child". What is the point on belittling babies?

I hope the resources of this community get used in ways to help people, not to spread offensive words, and yes I find very offensive that a person calls something like that to any baby no matter who their parents are or if their are legally or illegally in this country. As far as I know any baby who is born in the US is a citizen, and there is no point on spreading those derogatory terms.

Have a nice day
 
Well.. Like I said it is a matter of opinion (I am not sure your opinion means general opinion)... I do not use this term to belittle anyone, especially not my kids... Just as a technical term...
Illegal immigrant is a technical term... Am I supposed to be offended by this term? I live life like every normal US citizen, but I am what I am...
You have a nice day too... Didn't mean to offend you or anything... Free speach - one of the perks of US citizens...
 
I think this thread is going way off course here. Largo has asked for advice both from his/her attorney and members of this forum.

Largo has been approved for whatever benefit he or she sought from the USCIS. Based on the circumstances he/she described, Section 245(i) - Life Act applies in this case. End of story.

Either be happy for Largo or just don't bother. Don't make this thread an offensive forum.
 
Largo is lying :p or something...

And the term Anchor Babies is not pointed toward the babies. Is pointed to the people who use them as anchors, who use these kids to receive benefits and such. To the "illegal immigrants" who gave birth to them.

This is not against the babies, but against parents who abuse the system.
 
Ninyte, that is exactly what I have said.

Section 245(i) - Life Act lets you adjust status even if you have entered illegally as long as you can prove that you were physically present in the U.S. on December 21, 2000 among other conditions.

Everyone else please read Section 245(i) before you post a response to Largo's question and circumstances.
 
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I am not lying at all, like I said, I am just waiting for name clearance. I did paid the $1000 fine and submitted my 245-I paperwork.
I do not get offended by your terms, I am just here to get more information and how the system works,
Thanks again for taking the time to post on my thread.
 
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