New member ..Help, confused.

[rhettfer 0]

Hello,

My name is Rhett, and recently me and my fiancee who is a born USC filed for an I-129f for me to come to the states.

Here is my story:

when I was about 9 years old I moved to the U.S. with my father who was(and still is) a permanent resident waiting on his priority date to come up petition for a green card. His father (my grnadfather) is and had been a USC for over 30 years. Obviously since I was a minor at the time of my arrival to the states I had no Idea of Immigration laws let alone my status in the country. After living with my father for numerous years I was offered a job back in my home country of Mexico wich is when i left, this happened in 2008. I lived in various places over the last few years. and I finally settled in cancun, which is where I met my fiancee . she was living and working in cancun, we worked at the same place, one thing led to another, we fell in love and now we are engaged and waiting on our first kid. this when we (mostly her) decided that mexico is not her favorite place to raise a child. so after some inquiry we filed an I-129f in december of 2009 for me to come to states and raise a child.. shortly after this happened the ball started rolling on this whole thing, and as of now I have an approved I-129f at the CDJ embassy and waiting on them to send me the packet 3.

The bad:

As I already mentioned, I lived in the states under my fathers custody for around 12 years. I started searching around to see if that would bring up any delays in the process since she is due in july of this year and it is imperative for us for me to be present during the whole delivery thing. I have found several information pertaining to our situation, but since neither her or I are immigration experts so I come to you.

Now from what ive gathered from various sources In the last few months, is that once I turned 18 while in the states I started accruing time for either a 3 or 10 year ban. this is where I get confused.

The facts:

My father was and still is waiting on his priority date of Nov.94 to apply for a green card, and has legal status.

He was petitioned by his USC father thru an I-130

The whole time while I was in the U.S. I never worked or had any contact with the law or immigration in any way whatsoever. always lived under my fathers custody and never tried to recieve any form of govermental benefits at all.

I left on my own free will at the age of 20 years and 10 months.

I havent applied for any other visa or anything since, and my fiancee also has a clean record and has never applied

for any sort of immigration procedure of anything.

I was completely honest on the petition and the biographic form, and now worry that I may be inadmisible from my residence in the states when I get called to the interview.

If i get denied I seriously think we have a good chance for a waiver since my pregnant fiancee is unemployed, has a physically and mentally disabled mother who depends on her and the goverment. and of course being a foreigner in Mexico is no walk in the park.

I do not want to get a lawyer if I can do this on my own, What do you guys think?

[aleful 1,905]

def you will need a waiver, since you have a 10 year ban.

your father isn't a permanent resident. a permanent residente is a Green Card holder, your father is just an undocumented o ilegal person, waiting on his priority date

now the hard part of a waiver in my personal opinion is to prove that she cannot live or work in Mexico, since she has done that. I'm not an attorney nor an expert to say that taking care of her mother is enough,

I hope someone that has more experience can answer that, and tell you what the waiver process entails, but you will need a waiver to overcome the 10 year ban.

[rhettfer 0]

I dont think he is either of those, considering he legally owns a bussiness, has a drivers license, and has traveled out and back into the country as recent as september of last year to visit without any issues. As far as I know he has to renew most permits (work,travel,etc.) yearly to stay current.I dont understand how he got into such a predicament but thats how it is.

from what ive gathered his priority date should have come up years ago, but somehow the priority date of 1st family choice visas for mexico has managed to stay in the early 90s for a long time..

It seems like his plan with was to petition for me shortly after I got there while still a minor, granted his priority date came up. it never did.

I actually relocated since we started this whole process, and if my fiancee moved down here we would have to live in or very close to mexico city, which is far more dangerous for a bad-spanish speaking foreigner ( everybody speaks english in cancun).

I will start gathering info on the I-601, and probably start looking for a lawyer.

Thanks for your opinion.

[JimVaPhuong 4,865]

I dont think he is either of those, considering he legally owns a bussiness, has a drivers license, and has traveled out and back into the country as recent as september of last year to visit without any issues. As far as I know he has to renew most permits (work,travel,etc.) yearly to stay current.I dont understand how he got into such a predicament but thats how it is.

from what ive gathered his priority date should have come up years ago, but somehow the priority date of 1st family choice visas for mexico has managed to stay in the early 90s for a long time..

It seems like his plan with was to petition for me shortly after I got there while still a minor, granted his priority date came up. it never did.

I actually relocated since we started this whole process, and if my fiancee moved down here we would have to live in or very close to mexico city, which is far more dangerous for a bad-spanish speaking foreigner ( everybody speaks english in cancun).

I will start gathering info on the I-601, and probably start looking for a lawyer.

Thanks for your opinion.

I was born in the US, and there have only been a few times in my life when I had to prove my citizenship or legal status. When I joined the military, when I applied for a passport, etc. I also own a business, which requires several licenses and permits. I didn't have to provide proof of citizenship or legal status for any of them.

From what you describe, your father is definitely illegal. There are estimated to be at least 12 million people living here illegally, and tens of thousands of them are waiting out I-130's which were filed years ago. Most of them are working, and living semi-normal lives. The reason it's taking so long for his priority date to come up is because family 3rd preference are given a very small annual allotment, just like family 1st preference. In addition, applicants from Mexico cannot comprise more than 7% of the total, just like applicants from every other country. Mexico and the Philippines have the most applicants, so they are the farthest behind in priority date.

Anyway, your dad's legal status is irrelevant, and has no bearing on your legal status. You have a 10 year ban as a result of your overstay. This began the day you left the US. You can wait out the ban, or your fiancee can apply for a hardship waiver. I don't know when your child is due, but the odds of getting a visa before then are probably not very good. The consulate in CDJ is literally swamped with hardship waiver cases. After your visa is denied, you'll probably have to wait a couple of months before they'll accept your waiver application. If you're lucky, your waiver will be approved within days of your waiver interview. If not, you could be waiting another year or more for a decision.

[sachinky 465]

Your father is an illegal alien if he is still waiting for his PD. How did he get into the State without a visa if his PD never came up? You can't be a LPR/GC holder without your PD ever having become current and you having been issued your family-based immigrant visa in order to enter the U.S.

Like Jim said though, his status no bearing on your status.

You have accrued a 10 year ban.

You can either wait it out. Or you can apply for a waiver in which your USC fiance is going to have prove hardship. She will have to prove WHY she can't come and live with you in Mexico, which seems a little illogical considering she already spent a few years there.

I wish you luck in resolving this situation.

[rhettfer 0]

Thanks . I think I just needed somebody else's opinion. you've done it . I will start looking into the I-601 and lawyer.

As for my father I dont know how he got into his predicament , I guess he will just have to wait out and see. He does have a lawyer, but all she says is that he has to wait on his priority date.