Is my situation appealing?

[Mrs. Disney 0]

Future Mrs..... when they are reviewing your (everyone's) case they will look for a legal entrance into the USA, by looking into the database system for valid visa entre. They will know before you are interviewed if the applicant has entered the US illegally or legally.

All visa entrance are entered into the US govt database. HOMELAND SECURITY.

Oh, yeah, that is true. Thank you!

[rickynlucy 0]

Since you have less than 180 days since you turned 18 you should be ok. The entering illegally actually will not impact your case and it's fine to list it on all of your forms. You only entered 1 time right?

It's ok to file the 129-F right now. Check the processing times with the links at the top of the screen. Since you're going to Berkeley, I'm guessing that you are in California. A 129F in California is showing 6 months. From there it takes CDJ about 2-3 months to send you the appointment letter. You can go for your visa appoinment anytime after you receive that letter. If at all possible, you should have your fiance meet you in CDJ for the appointment. File ASAP or you may have to postpone school.

If you don't already have a mexican passport (valid for at least 2 years) and a birth certificate, start getting those together.

Good luck and let me know if you have any questions. We went through CDJ with a 129F and my now husband also EWI'd as a minor.

There are alot more people in your situation on immigrate2us.net, and they can give you much more accurate advice.

[ZARQA 0]

I just turned 18, I have been living in the US since 12, and my girlfriend and I want to get married. I have not passed my 180 days of illegal stay, I will finish high school, and go back to my country right after that, and live with some family members. But I will not pass that deadline. We have been going to a notary/United farmer worker foundation employee...

Yesterday, we filled the 129f, but nothing has been sent off, we need some info still, should the stuff be sent before I go, or after I go? Also my fiancee's family dont like the idea at all. My fiancee and I have decided to marry and spent our lives togehter no matter what. I am a good student, I got accepted to UCLA, Berkely and such, but I cannot assist because of financial aid problems. Maybe this could help or something...I came into the US, without inspection, and have no criminal record at all.

We dont want to be separated, and I am very uncertain of this k-1 process, I have been stressing too much lately, and would like some advice. I plan on joining the military once I am back, IF I am back of course. So far we have 3 letters testifying our relationship, e-mails between us, some letters, some pictures, some phone bills. But we havent gotten anything related to the church, we have not talked to a priest or anything like that either. I want to minimize the chances of the process being delayed, I am paranoid and scared, I love my ...help!

more information can be found in immigrate2us.net most of the cases are about EWI= Enter WithoutInspection this is something I found in that site I hope this help you

For example, if an alien entered the US EWI when they were 10 years old in 1996, left at the age of 14 in 2000, then EWI again later in 2000, he is not eligible to file an I-601 waiver as he accumulated more than 365 days of countable unlawful presence from April 1997 until 2000, then left and re-entered without inspection. As the law is interpreted currently, there is no exception because all of this happened while the alien was a minor.

[ZARQA 0]

TRY TO FIND A GOOD LAWYER UR SITUATION IS VERY DIFFERENT ...THEY GOING ASK U HOW DID U COME IN ...1-94?

He don't need a lawyer for this, he was a minor when he enter without inspection and now after the 18 birthday he have 365 days, if he is in the country more days he will need to submit an I-601 waiver

[Gary and Alla 3,696]

I just turned 18, I have been living in the US since 12, and my girlfriend and I want to get married. I have not passed my 180 days of illegal stay, I will finish high school, and go back to my country right after that, and live with some family members. But I will not pass that deadline. We have been going to a notary/United farmer worker foundation employee...

Yesterday, we filled the 129f, but nothing has been sent off, we need some info still, should the stuff be sent before I go, or after I go? Also my fiancee's family dont like the idea at all. My fiancee and I have decided to marry and spent our lives togehter no matter what. I am a good student, I got accepted to UCLA, Berkely and such, but I cannot assist because of financial aid problems. Maybe this could help or something...I came into the US, without inspection, and have no criminal record at all.

We dont want to be separated, and I am very uncertain of this k-1 process, I have been stressing too much lately, and would like some advice. I plan on joining the military once I am back, IF I am back of course. So far we have 3 letters testifying our relationship, e-mails between us, some letters, some pictures, some phone bills. But we havent gotten anything related to the church, we have not talked to a priest or anything like that either. I want to minimize the chances of the process being delayed, I am paranoid and scared, I love my ...help!

You entered illegally, you will have to disclose this. I am not aware of being considered "not illegal" because you are under 18. They may not hold you responsible, per se, as you were 6 years old (if my math is correct) but that does not make you "legal" in any way. I am not sure you are off the hook regarding an "overstay"

You will need to answer the questions honestly, including your G-325a listing addresses and schools. It will cost you $455 to find out.

[rickynlucy 0]

You entered illegally, you will have to disclose this. I am not aware of being considered "not illegal" because you are under 18. They may not hold you responsible, per se, as you were 6 years old (if my math is correct) but that does not make you "legal" in any way. I am not sure you are off the hook regarding an "overstay"

You will need to answer the questions honestly, including your G-325a listing addresses and schools. It will cost you $455 to find out.

Overstay does not accrue until your 18th birthday.

Zarqa:

The situation about multiple entries under 18 only becomes a problem if he actually incurs an overstay after turning 18.

From immigrate2us.net

• When an alien enters the US as an EWI one time and stays in the US less than 6 months, he does not face any ban provided he leaves before he has been illegally present for 180 days. The law that describes this is INI 212(a) (9)(B.

• When an alien enters the US as an EWI one time and stays in the US more than 6 months but less than 1 year, he faces a ban of 3 years. This ban is generally waiveable immediately with an I-601 waiver. The law that describes this is INI 212(a) (9)(B.

• When an alien enters the US as an EWI one time and stays in the US more than 1 year, he faces a ban of 10 years. This ban is generally waiveable immediately with an I-601 waiver. The law that describes this is INI 212(a) (9)(B.

• When an alien enters the US as an EWI and stays in the US more than 1 year in aggregate, then leaves and enters again or attempts to enter again, he is banned for life. This ban can generally be waived with an I-601 waiver but not until the alien has first spent 10 years outside the US. The law that describes this is INI 212(a) (9)c. There are a few exceptions to this rule- see exceptions to (9) (c below.

It is important to note that if a person is in the US having EWIed, they are NOT eligible to obtain legal status while still inside the US- unless that person entered before April 1997 and a qualifying family member filed an I-130 Petition for Alien Relative on the alien’s behalf before 2001.

In addition, time spent in the US before the alien turned 18 does not count toward an application of 212 (9) (b, however, since 2008, it has been counted toward an application of 212 (9) c.

Therefore, if you EWI after having been in the US illegally for more than 1 year no matter what age, you may trigger the 9C ban and therefore not be allowed to file a waiver for 10 years.

Please note that deportations before April 1997 may count against the alien if he later EWI-ed, even if he was under 18. This article does not cover situation involving deportations.

Edited April 27, 2009 by rickynlucy

[pushbrk 13,930]

The OP needs to simply disregard the vast majority of the responses. They are either from those who know even less about the circumstances and solutions than the OP does or completely misread them.

Leave the US within 180 days of your 18th birthday and then have your US Citizen fiancee file the I-129F petition. Be truthful about your EWI and the circumstances surrounding it and if you otherwise qualify, you'll be back in the US legally in a few months.

For those who misread or misunderstood, this young man was brought into the US by US Citizen friends of his mother, when he was only six. Since he has committed no crime and will not stay longer than 180 days past his 18th birthday, and will be telling the truth on immigration forms and to immigration officials he will be treated like any other Mexican citizen.

How anybody here feels about that is off topic.