Siblings I-130 petition

[luleska 1]

Hello

Any one with more information and solutions PLEASEEEEE!!!!!

My father, a US. Citizen, filed an I-130 petition on behalf of his 4 brothers/sisters back in 1998, on the same year, the petition was approved by USCIS but advice that they needed to wait for their priority date in order to apply for for an I-485, mean time, one of my aunt which was part of the 4 siblings on the approved I-130, already had a B2 visitors visa valid which she used often. On August 2003, same aunt came to the US under her valid B2 visa and decided that she would just stay and wait for her priority date in the states and allowed her visa to expire. November 2009 the priority date was sent for all the of my dads siblings and they were now been considered to file the I-485 and they have done so, same time the aunt that had stayed with her B2 visa applied for an Adjustment of status and work permit instead since she was already in the US. Her work permit & social was sent on March/2010 and her face to face appointment for the I485 was on April/2010, following the appointment she was denied residency because she had overstated her visa, she then filed and appeal and received the same response and that the decision was final.

She has gone to about 6 attorneys and they all say that the only way was to get married to a US Citizen, which to me makes no sense since she has overstated her visa anyways....I also read on the CFR-8 citation# 245 where its state that some immigrants are consider "grandfathered" if when they file for the I485 are already in the US and have an approved petition on or before April 21, 2001.

What can my aunt do in her case? Attorneys are only giving one crazy option, and Immigration seems to maintain there decision.

HELP!!!!

[belinda63 2,981]

I think you are referring to the Life Act. She would have had to have been present in the US sooner than she was although the petition was filed appropriately. In other words it was for persons who were already here to receive a sort of amnesty.

Source

What you are reading refers to persons for whom an immediate immigration number is available, for example a spouse or parent of a USC.

Since she has received a final decision from USCIS she must leave the country or be subject to deportation. IF she happened to find a US citizen to marry she would be able to file for adjustment of status without leaving but it is unlikely it would be approved. When you marry a US citizen any overstay is forgiven but the fact that she has already been denied a green card and most likely given a date to voluntarily leave the country I don't think this would do anything but delay her departure until the AOS was denied.

Good luck and sorry she made a bad life choice.

Edited August 8, 2010 by belinda63

[aleful 1,905]

Hello

Any one with more information and solutions PLEASEEEEE!!!!!

My father, a US. Citizen, filed an I-130 petition on behalf of his 4 brothers/sisters back in 1998, on the same year, the petition was approved by USCIS but advice that they needed to wait for their priority date in order to apply for for an I-485, mean time, one of my aunt which was part of the 4 siblings on the approved I-130, already had a B2 visitors visa valid which she used often. On August 2003, same aunt came to the US under her valid B2 visa and decided that she would just stay and wait for her priority date in the states and allowed her visa to expire. November 2009 the priority date was sent for all the of my dads siblings and they were now been considered to file the I-485 and they have done so, same time the aunt that had stayed with her B2 visa applied for an Adjustment of status and work permit instead since she was already in the US. Her work permit & social was sent on March/2010 and her face to face appointment for the I485 was on April/2010, following the appointment she was denied residency because she had overstated her visa, she then filed and appeal and received the same response and that the decision was final.

She has gone to about 6 attorneys and they all say that the only way was to get married to a US Citizen, which to me makes no sense since she has overstated her visa anyways....I also read on the CFR-8 citation# 245 where its state that some immigrants are consider "grandfathered" if when they file for the I485 are already in the US and have an approved petition on or before April 21, 2001.

What can my aunt do in her case? Attorneys are only giving one crazy option, and Immigration seems to maintain there decision.

she made the worst mistake of her life, she never should have overstayed. she never quailified to adjust in country, to be covered under the 245i, she must heve entered the country by December 21st, 2000, because she has to show proof that she was in the US by 2000.

since she came in 2003, she came to the US after the 245i law had closed. she should have left before ending the 6 months and she would have gotten her GC through consular process.

she's not granfathered because like I said, she was never under the 245i law. It's not only the peticion filed before April 30th, 2001, but also the direct beneficiary has to be in the US by December of 2000. that's why she was denied.

[Boiler 43,760]

She is not eligible to adjust status in country.

She would need to go through consular processing.

Once she leaves the US she is subject to a 10 year ban.

Surprising she was not arrested,

[TravellingNomad 12]

your aunt jumped the gun and in the process, made a very bad choice. since she's in that 10 year ban...her being able to go to the US will take a lot longer. she will not even qualify for a visitor's visa because of her overstaying.