Hi guys, my story goes like this...I came to america illegally when i was 12 years old...i am now 29 having been living here ever since. I now have a i485 pending, will i still get a visa, since i came illegally. I have no money for a lawyer so i had to fill out the papers works myself, i also have an approved i-130 file on 30 april 01, thanks to my step father. As anyone gone, or is going through the same situation. will i need a waiver, and do i qualify for one.

Since a handful of members here dislike illegals, and some even dislike illegal children you will find that you will get little to no response.

If you cannot afford an attorney, then you would be best to wait out the pending I-485. If you have official documentation that prove that you've been living in the US since you were 12 years old, you can try for a waiver. However, since that time immigration laws in the US have increasingly become tighter. So, your case is not a by the book case. It's a case where you must wait and see the result. If the result is not what you want, you need to continue to persue appeals, etc...You have no way out besides contacting an immigration attorney.

I think your infromation is limited and all i can say is pay the money for a consultation, how come you dont have $100 for a quick consultation, Please be real and get to the bottom of your problem by investing in it.
Maybe someone wil come in and help but I think a good lawyer is what you need.

good luck

You cannot adjust your status in the US when you entered illegally. Although illegal presence prior to age 18 does not count, you have more than 365 days of illegal presence since you turned 18 and therefore will be facing a 10 year ban.

As suggested before, you should attend Laurel Scott's free chat www.visacentral.net on Wednesday mornings at 11:00 am central time. It seems you will need to return to your home country for your interview and to file your waiver but you need to clarify this, once and for all, and hopefully Laurel can do that for you. Since you have an approved I-130, perhaps you will qualify if immigration reform passes.

Another option for good advice is Catholic Charities if you have one in your area. They can advise on how to get legal counsel when there are no funds. They also assist immigrants in a variety of ways.

I do not think you qualify for the I-485. From my understanding you need to have a US Citizen petition for you. This would be the I-130. You will get an interview in your own coutry in which you will be denied the visa. You would then need to submit an I-601 waiver and they take about 9 - 12 months to approve in which during that time you will need to stay in your coutry of residence. Once the waiver is approved you will be given a visa to return to the US in which at that point you would request an adjustment of status. Since you were a minor when you came they do not count those years, but since you stayed in the US more that 180 days after you became an adult you will be denied for the visa and required to file the I-601.

I am not a lawyer this is just information from helping a friend in the same situation, but my friend was also from Mexico so it may be a little different from your country.

thanks for your responses, I'm adjusting under 245i, since i've been here before 30 april 2001, and have an approve i-130 before that date.

I believe that an illegal person who have file an i-130 before that day can adjust while in the states, but i'm not too sure. It states so on i-485a, i just don't know if there is any another clause that will not permit me to get a visa.

Good luck to you. I would go to Laurel Scotts chat on Wednesday like the posting above. She is a lawyer and can help answer some of your questions. I wish the best of luck to you.