Want to adjust my status via relative

[ybcnyc]

STATE: NY

I'm not sure where to begin and hopefully i can get some input from you guys as to where to start. I'll try to provide as much info as possible and find/update details periodically.

I came to US at age of 17 on a tourist visa (i-94?), i'm 27 now. My father received his GC through a skilled worker program (dont know the exact name). My mother, sibling and I tried to get our statuses adjusted as well based on family relationship, however i was out of luck since my I-485 (we filed motion which was turned down too) was denied. The reason was that i was slightly over 21 when the application was filed which automatically excluded me from obtaining legal status. This was an attempt to adjust my status under Child Protection Act.

I should also add that i never tried to change my visa to student visa or any other type after my tourist visa expired to keep my status legal. That didn't "stop" me from graduating HS and then college. I should also note that around age of 18 I was able to obtain IL driver's license and with that SS # which is not good for employment

Since Child Protection Act is out of question, i'm thinking if there's any way to get my status adjusted through a relative. Will there be any complications since i overstayed my visa and reside in US? I spoke with immigration attorney and she said that filing I-130 is a good start, and although there's high probability of it being denied I don't have anything to lose and should just try.

Some facts:
Despite the fact of being illegally I do have some documents such as drivers license and SS# which allowed me to apply for a job. Since the employer never checked for my eligibility to work i'm able to continue working there. Mandatory 'E-verify' or I-9? may change that in the future. All taxes are paid.

What are my options? If anyone found themselves in similar situation pleas share if you dont mind. I assume I-130 is great start, the form however does state if my current residence is withing US or other country. I was always under impression that I-130 is only for people outside US trying to get permanent residency.
The form also asks for SS# and current employer. I understand that this is something one can be "afraid" of since in my understanding working for someone while being illegaly equals instant denial. On the other hand how else can you support yourself while here.

I just thought it'd be a good idea to post my short story here and see what others have to say. The post is a bit disorganized and missing info here and there, but i'll try to update it to my best knowledge. Again any feedback/input is appreciated in advance. Thanks

 

[TheRealCanadian]

You appear to be subject to the 10-year re-entry bar, and cannot adjust status within the US unless you are doing so based on marriage to a US citizen.

 

[jzee]

your best and safest bet is to get married. In that way, you wont have to leave the US. You mentioned you have been in the US already 10 years without legal status. My personal opinion is, dont waste anymore time. You never know, they might change marriage based laws also in a few years, while you are exploring other avenues.

 

[ybcnyc]

Thanks for your opinions and suggestions. I spent some time reading these forums and understand the process a bit better now. Seems that even if I file I-130, once the visa becomes available I'd have to leave US in order to redeem it. Since the 10-year-re entry-bar kicks in once I leave US and has priority over visa I'd still be out of luck. jzee, I agree with you and it looks like marriage is my last and only option in order to legalize myself. I just wish immigration system was more "friendly" and had ways for people to get themselves documented. Even with one meeting all the eligibility requirements it takes some time to get everything completed. I have friends on F1, H1B visas and it takes a huge amount of time for them to get green card, and even one "slip" can wipe all their effort away. Thanks again for valuable input.

 

[LucyMO]

I just wish immigration system was more "friendly" and had ways for people to get themselves documented.

why? why would people who break the law get a pardon? it's difficult enough to get a GC when you maintain your legal non-immigrant status for 10+ years, but you want to have an easy way out after breaking the law?

 

[ybcnyc]

why? why would people who break the law get a pardon? it's difficult enough to get a GC when you maintain your legal non-immigrant status for 10+ years, but you want to have an easy way out after breaking the law?

true. in my case however i came here to stay with my family and certain circumstances didn't allow me to legalize myself. some can see trying to stay with your family as breaking the law some as natural and right thing to do. i never looked for any free rides from the govt and paid all my taxes and tuition in order to improve my life style without hurting the system. i don't seek an easy way out but i'm just suggesting that something should be done with the current immigration system to help people. the process can take 10+ year to get GC, so what do you think about GC through marriage which is definitely less than lets say 3-4 yrs (don't take my word for this # but i always thought marriage is the shortest "wait time"). is this fair with regards to people waiting 10+? it just seems weird to me that people who were once in same/similar situation look down at the ones who happen to be in that state. don't want to argue but that's just my opinion.

 

[Triple Citizen]

Not every GC holder or naturalised citizen on this forum overstayed. Most actually abided by all immigration regulations, however unfair/unnatural they appeared.

it just seems weird to me that people who were once in same/similar situation look down at the ones who happen to be in that state.

 

[zombie2006]

Don't get married to a US Citizen to get a green card unless you genuinely love her and are willing to be with her. If the marriage doesn't work you will be in deeper shit from an immigration point of view and also from an emotional and personal perspective.

just my 2 cents

 

[Triple Citizen]

I understand exactly what you are trying to tell the OP, however I have to point out something. From USCIS's perspective, the marriage has to be bonafide. The couple does not have to prove to USCIS that they are in love. There is a difference and many forums members mix the two up

Don't get married to a US Citizen to get a green card unless you genuinely love her and are willing to be with her.

 

[ybcnyc]

I see what you are both saying and agree. Seen cases where people were getting married for gc purposes only so there certainly was no love involved, it was more of a biz transaction (although USCIS is known to be cracking down on these). Just seemed weird to me, however if it's the only way to get yourself documented what are the other options? By the current immigration system, there are none, plus love doesn't come around when you want it but only when it happens.

 

[MOM1211]

What are the other options? Go home! Getting married for the sake of a green card is very illegal.

 

[ybcnyc]

nice angry crowd. calm down. i didn't say that is my plan or anything. i was just saying that i've seen things like this, probably many on this forum did as well and you don't have to tell me that it's wrong or illegal because i know it. btw not sure if u read my first post but im here since 17, this is (US) my "home". i understand there's huge problem with immigration right now and can see why many are angered by this fact, but it's not like i jumped over the fence and look for free govt handouts. im taxed as everyone else.

 

[trialanderror83]

nice angry crowd. calm down. i didn't say that is my plan or anything. i was just saying that i've seen things like this, probably many on this forum did as well and you don't have to tell me that it's wrong or illegal because i know it. btw not sure if u read my first post but im here since 17, this is (US) my "home". i understand there's huge problem with immigration right now and can see why many are angered by this fact, but it's not like i jumped over the fence and look for free govt handouts. im taxed as everyone else.

You have NO options at this time, none exist for you because of your overstay. Not much else to tell you!

I-751
Filed jointly December 20, 2009(Tampa Florida)
DO-VSC
RD-01-21-09
ND-None??
Biometrics notice- 1-23-09
Biometrics date-02-13-09
Bio-Done 02-05-09(early in Tampa)
LUD-02-06-09

 

[MOM1211]

But that's where you're wrong, it's not your home. Your home is where you came from when you were 17. Just like my home would be Canada if I was not legal here. If I am not legal here, I leave. People get angry, because it's people who do things that are illegal or hint to doing them, that make it hard for everyone else doing it legally. Taxed or not, paying taxes gives no rights, because you overstayed and are now illegal, period, and you have no legal options other than to leave. If I was illegal and mentioned marriage as what other option, I'd expect to get some negativity as well. It's not just you, it goes for anyone.

I don't mean to sound angry, because I'm not, I'm realistic, I'm just wondering what you will do when you are found out and deported if you are unwilling to go back to your home country already.

nice angry crowd. calm down. i didn't say that is my plan or anything. i was just saying that i've seen things like this, probably many on this forum did as well and you don't have to tell me that it's wrong or illegal because i know it. btw not sure if u read my first post but im here since 17, this is (US) my "home". i understand there's huge problem with immigration right now and can see why many are angered by this fact, but it's not like i jumped over the fence and look for free govt handouts. im taxed as everyone else.

 

[ybcnyc]

You have NO options at this time, none exist for you because of your overstay. Not much else to tell you!

right on...i understand that

 

[ybcnyc]

But that's where you're wrong, it's not your home. Your home is where you came from when you were 17. Just like my home would be Canada if I was not legal here. If I am not legal here, I leave. People get angry, because it's people who do things that are illegal or hint to doing them, that make it hard for everyone else doing it legally. Taxed or not, paying taxes gives no rights, because you overstayed and are now illegal, period, and you have no legal options other than to leave. If I was illegal and mentioned marriage as what other option, I'd expect to get some negativity as well. It's not just you, it goes for anyone.

I don't mean to sound angry, because I'm not, I'm realistic, I'm just wondering what you will do when you are found out and deported if you are unwilling to go back to your home country already.

im probably just adding fuel to the fire, but how is this not my home? how do u call place where u spent past 10 years living like everyone esle, getting education etc. my whole family is here and Europe isn't close by as Canada. in ur case it may be easy to say "id leave". i cant just leave everything behind. if im forced to leave then be it, but i can't "willingly" leave my family. btw let's still not forget an option where i may marry US citizen (if n only if i find the right one for my heart) i also don't understand that some of you guys who perhaps were in similar situation look down at me. i just find it very funny. i'm also getting a feeling that what i've done or am doing is a criminal act. i could understand anger from a US born person that has strict view on immigration and extremely anti-immigrant but not people who once were a non-immigrants (legal or not). lets not argue anymore, shall we? case closed?

 

[MOM1211]

What you have done IS criminal in the governments eyes! I'm not sure why you don't understand that? They don't handcuff and detain people who get caught, because it's not illegal.

You don't seem to grasp the concept or right and wrong here. Do what you like, but people who have done things legally have every right to have an opinion on those who make it harder for others by not following the law.

 

[Jackolantern]

i could understand anger from a US born person that has strict view on immigration and extremely anti-immigrant but not people who once were a non-immigrants (legal or not).

You should expect legal immigrants to be even more upset with you than born citizens, because those immigrants have bent over backwards and jumped through hoops to stay legal. Especially those who left the US when their legal status ran out, waiting outside the US for years separated from their family while pursuing options to return. You could have and should have left the US at 18, and then your father could have sponsored you for a green card which probably would have been approved about now. Illegal immigrants make life harder for legal immigrants and nonimmigrants who want to visit or study legally.

 

[Triple Citizen]

If you did spend the last ten years living like everyone else, go for a small vacation to Canada and come back. Millions of Americans do that, so should you.

I am not trying to be mean here, but the bottom line is, no matter how you slice it, you broke the law. You made this bed, now lie in it.

how is this not my home? how do u call place where u spent past 10 years living like everyone esle, ?

 

[trialanderror83]

You should expect legal immigrants to be even more upset with you than born citizens, because those immigrants have bent over backwards and jumped through hoops to stay legal. Especially those who left the US when their legal status ran out, waiting outside the US for years separated from their family while pursuing options to return. You could have and should have left the US at 18, and then your father could have sponsored you for a green card which probably would have been approved about now. Illegal immigrants make life harder for legal immigrants and nonimmigrants who want to visit or study legally.

I agree! it has got much worse for LPR because of this crap.