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Filing I-130 (serious help!)

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Filed: Timeline

Hello. I need help. A very close friend of mine is from Brazil, he

came to the country with his mother and brother when he was 15 years

old, back in 1998. His mother filed an I-485 application for him at

that time, to get his permanent residence.

His I-485 was denied, because he was arrested back in 2002, for

carrying a fake photo id to sneak into a 21+ year old club. The

charges were eventually dropped. The UCSIS found out about the

arrest, and requested proof that the charges were dismissed (dispoition

letter, i believe). He experienced major delays getting the requested

documentation, and too much time lapsed, and thats when the i-485 got


He hired a lawyer, who said he'd take care of it by ... by requesting a motion to reopen.

So my friend stopped following up, and let the lawyer handle

everything... And now here we are 3 years later, we find out that

this I-485 application was never reopened!!

So we saw a new lawyer today, and she said, his mother would have to

file an I-130 form, and basically start from scratch. Now for my


I looked into the I-130 and I understand its purpose. Our new Lawyer

says he is now considered "out of status" (illegal alien!). Because of this can his mother

successfully file an I-130, while my friend is still in the country,nunder this illegal alien status?

Have you heard of someone (a relative) filing a i-130 for an individual who

is still in the country but classified as "out of status"?

All of his family is here, he's been in this country for 10 years...

For him to go back to Brazil, not knowing anyone, to be alone, is

just unimaginable!

We plan on meeting with our new lawyer next week, but in the mean time,

I thought I'd researcht this as much as I can.

If anyone is familiar the the I-130, or this process, I welcome your insight. Thank you!!

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His mother can certainly file an I-130 for him successfully. Whether or not it will be approved is another matter. Your immigration lawyer should have informed what is and what is not possible to do in this situation. I recommend further consultation with the lawyer as there may be other aspects to this case we do not know about.

Edited by RaTBoX

K-1 Visa Process.


See my timeline

AOS Process


01/23/08 - AOS Package mailed to Chicago Lockbox

01/25/08 - NOA1 for I-485, I-765 and I-131

02/15/08 - Biometrics for I-485 and I-765

02/18/08 - I-485 transferred to CSC

02/21/08 - I-485 & I-765 touched

03/11/08 - I-131 approved

03/18/08 - I-765 approved

03/19/08 - EAD arrives

03/20/08 - AP arrives

03/27/08 - I-485 touched

04/11/08 - I-485 touched (case received at CSC)

04/13/08 - I-485 touched

06/07/08 - I-551 Card production ordered

06/13/08 - Welcome Letter arrives

06/16/08 - I-551 Card arrives

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Please also note that filing the I-130 will not give your friend any legal status in the US. He will still be incurring overstay. If his I-130 is approved, he won't be able to apply for AOS while in the country. He will ultimately have to go home and continue his visa process from there (and file a waiver for the overstay).

The only way an overstay is forgiven is if the adjustment of status is done by virtue of marriage to a USC.

08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!


01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

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