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farah Newbie

farah   0

Posted
Filed: Timeline
Posted

please help!

I was married 2004 WAS 18 YEARS OLD with my husband WHO WAS 20 who was a lawfully permanent resident..we apllied for I 130 WHICH WAS APPROVED AND SENT TO THE NVC BUT IN 2008 MAY.. I HAD NO IDEA FOR MY PAPER WHICH WE MISPLACED AND THE USCIS OFFICE PUT ME IN DEPORTATION PROCESS . I HAD COME IN THIS COUNTRY WHEN I WAS 13 WITH MY PARENTS AS A TOURIST AND I NEVER HAD A STATUS.THE SITUATION NOW IS I HAVE A VISA AVAILABLE FROM NVC BUT SINCE I AM IN REMOVAL PROCEEDINGS I HAVE TO WAIT! I HAVE A LAWYER BUT IM SCARED I HAVE 3 CHILDREN AGES 5 , 3 AND 6 MONTHS ..I DONT KNOW WHAT TO EXPECT ..MY HUSBAND DOESNT MEET THE 125% POVERTY LINE AND MY FATHER IN LAW IS TAKING BENEFITS FROM THE GOV..CAN HE HELP ME IN SPONSOR WILL I BE DEPORTED9MY LAWYER SAYS I WONT..BUT IM SCARED)..WILL I EVER BE LEGAL ..MY HUSBAND TRIED TO BE A CITIZEN BUT HE WAS DENIED FOR HAVING A BAD LICENSE RECORD AND NOT GOOD MORAL CHARACTER..I NEED ADVICE WHATS HAPPENING WHATS GOING TO HAPPEN....

rsn Experienced

rsn   135

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted
please help!

I was married 2004 WAS 18 YEARS OLD with my husband WHO WAS 20 who was a lawfully permanent resident..we apllied for I 130 WHICH WAS APPROVED AND SENT TO THE NVC BUT IN 2008 MAY.. I HAD NO IDEA FOR MY PAPER WHICH WE MISPLACED AND THE USCIS OFFICE PUT ME IN DEPORTATION PROCESS . I HAD COME IN THIS COUNTRY WHEN I WAS 13 WITH MY PARENTS AS A TOURIST AND I NEVER HAD A STATUS.THE SITUATION NOW IS I HAVE A VISA AVAILABLE FROM NVC BUT SINCE I AM IN REMOVAL PROCEEDINGS I HAVE TO WAIT! I HAVE A LAWYER BUT IM SCARED I HAVE 3 CHILDREN AGES 5 , 3 AND 6 MONTHS ..I DONT KNOW WHAT TO EXPECT ..MY HUSBAND DOESNT MEET THE 125% POVERTY LINE AND MY FATHER IN LAW IS TAKING BENEFITS FROM THE GOV..CAN HE HELP ME IN SPONSOR WILL I BE DEPORTED9MY LAWYER SAYS I WONT..BUT IM SCARED)..WILL I EVER BE LEGAL ..MY HUSBAND TRIED TO BE A CITIZEN BUT HE WAS DENIED FOR HAVING A BAD LICENSE RECORD AND NOT GOOD MORAL CHARACTER..I NEED ADVICE WHATS HAPPENING WHATS GOING TO HAPPEN....

It's going to be pretty complicated to address every question you have listed in your post. I would break this up into several different posts to address the different concerns you have here.

It sounds like you should have (if you did not) attempt to adjust status. I'll admit I'm a bit confused so I'll ask you to start by letting us know if you ever attempted to adjust status (file I-485). Also, let us know what your lawyer advised you to do exactly.

This definitely does not belong in off-topic. I'm moving it to adjusting status from a tourist visa, since you said you came here as a tourist years ago.

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

farah Newbie

farah   0

Posted
Filed: Timeline
  • Author
Posted

THANK U SOO MUCH YES I CAME AS A TOURIST AND I AM SUPPOSED TO FILE FOR I1485 AFTER MY HEARING THIS NOVEMBER MY LAWYER SAID THAT I WOULD BE DONIG THIS AS SOON AS MY CASE CLEARS FROM REMOVAL I WILL BE FILING EVTH BUT SEE MY LAWYER ONLY TELLS ME THE THINGS I ALREADY KNOW EVTH ELSE HE JUST SAYS YOU HAVE TO WAIT I DONT KNOW MAY B IM BEING IMPATIENT BU ITS JUST I DONT KNOW ALL THIS...I REALLY APPRECIATE UR HELP...

rsn Experienced

rsn   135

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted
THANK U SOO MUCH YES I CAME AS A TOURIST AND I AM SUPPOSED TO FILE FOR I1485 AFTER MY HEARING THIS NOVEMBER MY LAWYER SAID THAT I WOULD BE DONIG THIS AS SOON AS MY CASE CLEARS FROM REMOVAL I WILL BE FILING EVTH BUT SEE MY LAWYER ONLY TELLS ME THE THINGS I ALREADY KNOW EVTH ELSE HE JUST SAYS YOU HAVE TO WAIT I DONT KNOW MAY B IM BEING IMPATIENT BU ITS JUST I DONT KNOW ALL THIS...I REALLY APPRECIATE UR HELP...

This is beyond my scope of knowledge, but there are definitely some members on this board who are at least indirectly familiar with this type of a situation. Hopefully one of them will swoop in and offer their advice...

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted (edited)

Farah,

let's take this step by step.

1) If you entered with your parents at 13 without inspection (EWI), you have indeed no status to adjust from.

However, if you entered with a tourist visa (B2), you had the status of a tourist of which you can adjust status from. The difficulty is to prove to the immigration people that you entered as a tourist.

2) However, since your husband is not a US citizen (USC) but only a Legal Permanent Resident (LPR), you cannot "fix" your problem from within the United States.

3) Since your accrued illegal presence in the US from the day you were 18 years and 6 months old, there's a 10-year ban imposed on you which kicks in the moment you leave the US of A. It might be possible to overcome this ban with a waiver, however.

4) The sponsorship is the least of your problems, probably the one that can be solved the easiest.

I feel sorry for you, especially for your 3 children who have done nothing wrong and had no choice in all of this.

I'm sure you'll get more feedback soon.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

 
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