Please for the love of sweet Jesus, can you help me out? PLEASE!

Discussion in 'General I-485 and Related Issues' started by dizmonster, Mar 26, 2017.

  1. dizmonster

    dizmonster New Member

    Hello, so we filed the adjustment of status with i130. The i130 is listed as processing. The i485 came back as rejected as they couldnt find a correct priority date. Now thats listed there on one of the documents as 28th Feb. They said to resubmit it with the correct date. My mother is a USA citizen, I am over 21. Now, we filed and submitted those last month when I was still within my holiday visa. I know an adjustment of status is best filed when still on your visa. I'm just wondering if we send it back does it mean its less likely to get approved as it stands im not 2 days over my 90 day stay.

    Also, with the adjustment of status, it means I am able to work within 90 days if it gets approved or pending right?! Sorry, for the urgency of the message or any grammatical errors. It's just I'm literally stressed out of my head and I cant even afford an attorney to get these answers. So basically I wanna know if the AOS does what I think it does right? It grants you a working visa faster right? As in it's normally 90 days or so? And that its still ok to file and wont damage my chances if we resubmit even though my holiday visa has now expired.

    If it does then can i re enter the country again with no problems because i was applying for the AOS? I mean, i would leave within 2-3 weeks if I cant get this processed now. Would it affect my chances of coming here for a holiday? It's just there's a girl I love and if things dont work I wanna come back and see her one last time.

    Thanks so much for anyone that helps. If there's anything I can do for you in return let me know. I am a graphic designer and web designer. I am happy to assist you in return. Hell, anything you need help with I will try my best. Thanks everyone.
     
  2. newacct

    newacct Well-Known Member

    Over-21 unmarried child of US citizen is in the F1 category, which currently has a wait for visa numbers of about 6.5 years (much longer for people born in Mexico or the Philippines). Over-21 married child of US citizen is in the F3 category, which currently has a wait for visa numbers of about 12 years (much longer for people born in Mexico or the Philippines). You are not eligible for either Adjustment of Status or Consular Processing until a visa number is available. Your I-485 was rejected because you are not eligible right now, and won't be for many, many years. It will be rejected again.

    When you said your "visa" expired, do you mean your period of admission given on your I-94 is over? (Visas are only for entry, and visa expiration has no relevance on how long you can stay.) If so, you are overstaying and you should leave the US. If you entered on a visa, that visa is now automatically void due to the overstay and you need to get another visa if you want to return to the US. If you entered on the Visa Waiver Program, you won't be able to use it anymore and will need to get visas in the future. In any case, a history of overstaying will be a negative factor in any future visa applications.
     
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  3. dizmonster

    dizmonster New Member

    I was born in Ireland. So you're saying that regardless of sending the priority date back with the AOS means dick all until the bulletin becomes current for me? I mean I came on like a holiday visa for 90 days. So I've overstayed by 2 days now so far. I hope it will be ok if I leave in a week or 2 and try and come back on a holiday then! ARGH! So, basically nothing else i can do to make it go faster? its wait for years? I thought filing when in America made them do it faster.
     
  4. Sm1smom

    Sm1smom Super Moderator

    You have to be be eligible to file AOS, it's not simply a matter of currently being in the US and filing - in this case you're not eligible to file AOS. You have a long wait period in front of you.

    Also with your current overstay, you'll no longer be eligible to use the VWP either. You'll need to apply for a visa when next you wish to visit the US. You really should have sought some advice before submitting the I-130 and I-485.
     
  5. dizmonster

    dizmonster New Member

    Did you apply for a work authorization? I-765? That may be approved within a couple months of your submitting the forms.

    Can I not apply for this when sending back the AOS then? Its my understanding that you can get a work visa whilst the AOS is pending or processing no?

    Someone also said this to me;

    If you have filed the I-485, you can also apply for "advanced parole," (sorry, I don't know the form number) in which you can request to leave and re-enter the US while an AOS is in process. UNDERSTAND THOUGH that even if you apply for advance parole and are approved, when you return to the US, the customs official is under no obligation to let you back in. What the advanced parole does is allows the airline that lets you board a US-bound flight to be off the hook if at the border you are denied entry.
     
  6. Britsimon

    Britsimon Super Moderator

    You have everything very confused. First, you need to leave the USA. Then, do your research properly or retain a lawyer to process your case. But for now, you are all over the place.
     
  7. Sm1smom

    Sm1smom Super Moderator

    Exactly what Simon said above ^^.

    Forget about re-applying for AOS or resubmitting an AOS package. Forget about an EAD or an AP card. These are benefits tied to AOS in your case, and you're not currently eligible for AOS. As a matter of fact, you don't even have a priority date that can determine when you may be eligible to apply for a GC, your I-130 is yet to be approved. You simply need to return home and stop accruing an unlawful presence - you're currently out of status as it is.
     
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  8. dizmonster

    dizmonster New Member

    on the form i 797c it says i have a priority date of feb 28 2017. does that change anything?
     
  9. newacct

    newacct Well-Known Member

    It means that you have to wait until 6-7 years (assuming you're unmarried and not born in Mexico or the Philippines) after that date before you can take any further steps for immigration, which is either Adjustment of Status if you happen to be in the US and in status at that time, or Consular Processing otherwise.
     
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  10. dizmonster

    dizmonster New Member

    I spoke with someone from UCIS customer service, I explained that my holiday visa expired and that the i485 came back rejected. I asked about the EAD work visa, he says I can file and resubmit and I can get a work visa while I wait for my priority date to become current?
     
  11. Sm1smom

    Sm1smom Super Moderator

    It seems everything we've been telling you is falling on deaf ears! The information you were giving on the phone is not correct.

    But go ahead and reapply, if you have the money to throw away. One thing every other person (including myself) that has responded to you in this forum know for sure is the fact that there he petition will be denied, you will not be issued with a work permit. USCIS will not issue you with a work permit while you wait for 7 years (or more) for your family based priority date to become current.

    You are currently out of status as a matter of fact, which further makes you ineligible to file AOS by the way. You need to stop grasping at straws, you're simply making your situation worse. That's the simple truth.
     
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  12. dizmonster

    dizmonster New Member

    No I get it. I appreciate all the help from you guys. It's just different people saying different things. I explained that my ESTA was now expired and that I i485 said please resubmit with priority date and he was just like well you can file it again and then apply for an EAD whilst it waits. But that makes no sense, if that was true everyone would work 7 years and get then their green card. He was just adamant saying, oh it doesnt matter that you're past your stay, you can resubmit and they'll make a decision then.
     
  13. newacct

    newacct Well-Known Member

    That's the USCIS "disinformation line" which often gives out wrong information.
     
  14. Britsimon

    Britsimon Super Moderator

    Yes true. But before anyone says how outrageous that is - it should be pointed out that they (USCIS) are not there to provide free legal advice. It is up to the applicant to know what they heck they are doing OR hire someone that does.
     

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