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Filed: Country: Mexico
Timeline
Posted

I filed a petition for my sister, (who is a Mexican citizen), in April 2004 at that time I also filed a petition for my parents who got their permanent residence back then.

A few days ago we received a notice of an interview in two weeks. My sister has been here since 1990, since 6 years old, my parents brought her when they moved to the US. They crossed with a border crossing card because we live in the border with Mexico. My sister's crossing card is long expired and she has not gone to Mexico ever since. The crossing cards are only good for a few days stay.

She did all her schooling here and even attended college in the US. What is this interview for? is it to adjust status? will she get permanent residence anytime soon?

They are asking for a passport and I94 which we have never had and as a US citizen I have never felt the need to get a passport but they are asking for it too.

I'm so nervous!! I can't even sleep!! Please any advice will be appreciated!!! thanks so much!!

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

is the interview for her

or for the petitioner (you) ?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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Filed: Country: Mexico
Timeline
Posted
  On 10/5/2010 at 10:54 PM, Darnell said:

is the interview for her

or for the petitioner (you) ?

They are actually asking both of us to go. IT says that if she is in the US she must go. SHe is here but is here illegally as an overstay of the border crossing card she used to cross the border

Filed: Citizen (apr) Country: Argentina
Timeline
Posted
  On 10/5/2010 at 10:47 PM, beenwaiting said:

I filed a petition for my sister, (who is a Mexican citizen), in April 2004 at that time I also filed a petition for my parents who got their permanent residence back then.

A few days ago we received a notice of an interview in two weeks. My sister has been here since 1990, since 6 years old, my parents brought her when they moved to the US. They crossed with a border crossing card because we live in the border with Mexico. My sister's crossing card is long expired and she has not gone to Mexico ever since. The crossing cards are only good for a few days stay.

She did all her schooling here and even attended college in the US. What is this interview for? is it to adjust status? will she get permanent residence anytime soon?

They are asking for a passport and I94 which we have never had and as a US citizen I have never felt the need to get a passport but they are asking for it too.

I'm so nervous!! I can't even sleep!! Please any advice will be appreciated!!! thanks so much!!

i think there must be some oonfusion, Mexican siblings take around 15 years of waiting, they are now working with petitions filed on Dec 1st 1995. and siblings cannot adjust in country unless they are covered under the 245i law, meaning you filed for her before April 30th 2001.

can you give us more information? it doesn't make sense.

did your parents file for her as a minor under 21?

Filed: IR-1/CR-1 Visa Country: Belarus
Timeline
Posted
  On 10/5/2010 at 10:57 PM, beenwaiting said:

They are actually asking both of us to go. IT says that if she is in the US she must go. She is here but is here illegally as an overstay of the border crossing card she used to cross the border

If she is over 18 its probably going to be a problem, and if she attend the interview and she is over 18 more than likely could result in her being detained and deported. Might be something else she can qualify for, so check out the situation with an attorney familiar with this situation BEFORE you go to interview. Also you might not want to show up there without her unless you have extensive and irrefutable proof of you own citizenship so you don't run into several hours of detention as well.

Good luck

Filed: Country: Mexico
Timeline
Posted
  On 10/5/2010 at 11:34 PM, aleful said:

i think there must be some oonfusion, Mexican siblings take around 15 years of waiting, they are now working with petitions filed on Dec 1st 1995. and siblings cannot adjust in country unless they are covered under the 245i law, meaning you filed for her before April 30th 2001.

can you give us more information? it doesn't make sense.

did your parents file for her as a minor under 21?

that's why im very confused because i know it takes very long... my parents did not file for her because they are not citizens just legal residents. she is 26 years old and my parents became residents 6 years ago...

Filed: Country: Mexico
Timeline
Posted
  On 10/5/2010 at 11:35 PM, brokenfamily said:

If she is over 18 its probably going to be a problem, and if she attend the interview and she is over 18 more than likely could result in her being detained and deported. Might be something else she can qualify for, so check out the situation with an attorney familiar with this situation BEFORE you go to interview. Also you might not want to show up there without her unless you have extensive and irrefutable proof of you own citizenship so you don't run into several hours of detention as well.

Good luck

this is too nerve wrecking....i have proof of my citizen ship, i am a US born US citizen and filed for my parents in '04 and they were legal residents within months.... I'm really scared! i don't want her to be deported!! this is like her country if they deport her to Mexico it's like its a foreign country for her...:(

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

They don't just notify you out of the blue for a green card interview. Once her priority date became current they would notify her that she is eligible to apply for a visa, or if she's in the US that she could apply for a green card. Her priority date is not even close to being current, and she's not applied for either a visa or green card. This sounds like a trap.

Can you post the exact contents of the letter?

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: Country: Mexico
Timeline
Posted
  On 10/6/2010 at 12:31 AM, JimVaPhuong said:

They don't just notify you out of the blue for a green card interview. Once her priority date became current they would notify her that she is eligible to apply for a visa, or if she's in the US that she could apply for a green card. Her priority date is not even close to being current, and she's not applied for either a visa or green card. This sounds like a trap.

Can you post the exact contents of the letter?

OMG! this is too scary... I will post the contents of the letter ASAP... my mother has the letter at home.... thanks so much!

Filed: Citizen (apr) Country: Australia
Timeline
Posted

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Bringing Family Members of US Citizens to America" as the prior forum is for K1, K2, K3 & K4 visas so this is a more appropriate location**

Filed: Citizen (apr) Country: Argentina
Timeline
Posted
  On 10/5/2010 at 11:42 PM, beenwaiting said:

that's why im very confused because i know it takes very long... my parents did not file for her because they are not citizens just legal residents. she is 26 years old and my parents became residents 6 years ago...

please let us know on what the letter says.

Filed: Country: Mexico
Timeline
Posted
  On 10/6/2010 at 9:14 AM, aleful said:

please let us know on what the letter says.

THE FOLLOWING IS THE LETTER I RECEIVED IT IS PRINTED ON A PURPLE SHEET OF PAPER.

You have been scheduled for an interview regarding a Petition for Alien Relative, Form I-130, which you filed on behalf of the beneficiarywith the US citizenship and Immigration Services.

You are scheduled for an interview on the date and time listed:

Place: U.S. Citizenship and Immigration Services etc...

Date: OCtober etc...

Time: 11:00 am

Officer #: 30

If the beneficiary of this petition is in the United Stes, then he/she should appear for this interview. You, the PETITIONER, Must attend this interview. Please note taht Servce policy, set forth in Tittle 8, Code of Federal Regulations, Section 103.2 (b)(13), indicates that your petition will be deemed abandoned and further ation terminated if you fail to appear or respond for this appointment.

Bring all requested documents to this interview. This will help expedite a decision on your applicatoin. It is very important that you bring the original and a copy of each requested document. The copies will be placed in your file.

YOU MUST BRING THE ITEM(S) LISTED BELOW:

Photo identification for you, the petitioner and the beneficiary

passport & Arrival/departure record (I-94) of beneficiary and passport of the Petitioner

If you desire to be represented by an attorney, or if you need and interpreter, you must obtain one at your own expense. If you cannot afford an attorney, we can provide you with a list of free legal services.

Finally, if you are unable to keep this appointment, this letter must be returned with an explanation signed by you the Petitioner, on or before the date of interview. Documents filed with the initial petition/application do not have to be resubmitted.

Filed: Citizen (apr) Country: Argentina
Timeline
Posted (edited)
  On 10/6/2010 at 10:12 PM, beenwaiting said:

I filed a petition for my sister, (who is a Mexican citizen), in April 2004 at that time I also filed a petition for my parents who got their permanent residence back then.

A few days ago we received a notice of an interview in two weeks. My sister has been here since 1990, since 6 years old, my parents brought her when they moved to the US. They crossed with a border crossing card because we live in the border with Mexico. My sister's crossing card is long expired and she has not gone to Mexico ever since. The crossing cards are only good for a few days stay.

She did all her schooling here and even attended college in the US. What is this interview for? is it to adjust status? will she get permanent residence anytime soon?

They are asking for a passport and I94 which we have never had and as a US citizen I have never felt the need to get a passport but they are asking for it too.

I'm so nervous!! I can't even sleep!! Please any advice will be appreciated!!! thanks so much!!

THE FOLLOWING IS THE LETTER I RECEIVED IT IS PRINTED ON A PURPLE SHEET OF PAPER.

You have been scheduled for an interview regarding a Petition for Alien Relative, Form I-130, which you filed on behalf of the beneficiarywith the US citizenship and Immigration Services.

You are scheduled for an interview on the date and time listed:

Place: U.S. Citizenship and Immigration Services etc...

Date: OCtober etc...

Time: 11:00 am

Officer #: 30

If the beneficiary of this petition is in the United Stes, then he/she should appear for this interview. You, the PETITIONER, Must attend this interview. Please note taht Servce policy, set forth in Tittle 8, Code of Federal Regulations, Section 103.2 (b)(13), indicates that your petition will be deemed abandoned and further ation terminated if you fail to appear or respond for this appointment.

Bring all requested documents to this interview. This will help expedite a decision on your applicatoin. It is very important that you bring the original and a copy of each requested document. The copies will be placed in your file.

YOU MUST BRING THE ITEM(S) LISTED BELOW:

Photo identification for you, the petitioner and the beneficiary

passport & Arrival/departure record (I-94) of beneficiary and passport of the Petitioner

If you desire to be represented by an attorney, or if you need and interpreter, you must obtain one at your own expense. If you cannot afford an attorney, we can provide you with a list of free legal services.

Finally, if you are unable to keep this appointment, this letter must be returned with an explanation signed by you the Petitioner, on or before the date of interview. Documents filed with the initial petition/application do not have to be resubmitted.

is the letter for your sister and under what category was she assigned on the i130?

I've never seen this for siblings yes for spouses, to check if there is a valid relationship. Was the i130 ever approved or not?

this isn't an adjustment, this is only for the i130. she doesn't qualify to adjust in country, and her priority date isn't current. she has more than 9 years more of waiting.

I haven't heard of this before. can you give us more information about the i130?

Edited by aleful
Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I guarantee this is not an AOS interview.

Section 103.2(b) of 8 CFR relates to evidence of eligibility at the time of filing a petition. Apparently, they have doubts as to whether you were eligible to petition for your sister, or whether she is eligible to apply for a visa. They have three options in this case; issue a request for evidence, issue a notice of intent to deny, or schedule an interview with the petitioner. Section (13) describes the consequences if you fail to respond to an RFE, NOID, or fail to show up for the interview - the petition is considered abandoned.

From the evidence they've requested, it sounds like they know she's in the US. Maybe they're just questioning whether she entered legally. Since you still have a long time before her priority date is current, they could also be planning on taking her into custody and processing her for deportation if she shows up.

I strongly suggest you consult with an immigration attorney before you go to the interview.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: Country: Mexico
Timeline
Posted
  On 10/6/2010 at 10:54 PM, JimVaPhuong said:

I guarantee this is not an AOS interview.

Section 103.2(b) of 8 CFR relates to evidence of eligibility at the time of filing a petition. Apparently, they have doubts as to whether you were eligible to petition for your sister, or whether she is eligible to apply for a visa. They have three options in this case; issue a request for evidence, issue a notice of intent to deny, or schedule an interview with the petitioner. Section (13) describes the consequences if you fail to respond to an RFE, NOID, or fail to show up for the interview - the petition is considered abandoned.

From the evidence they've requested, it sounds like they know she's in the US. Maybe they're just questioning whether she entered legally. Since you still have a long time before her priority date is current, they could also be planning on taking her into custody and processing her for deportation if she shows up.

I strongly suggest you consult with an immigration attorney before you go to the interview.

I just consulted with an immigration lawyer online and she told me that we should not go to the interview because my sister cannot adjust her status because she is here illegally, that she will never be able to adjust, is that true??

also, I was born with a midwife and the lawyer says that the interview might be to question my citizenship as well.... I'm too scared!

  On 10/6/2010 at 10:41 PM, aleful said:

is the letter for your sister and under what category was she assigned on the i130?

I've never seen this for siblings yes for spouses, to check if there is a valid relationship. Was the i130 ever approved or not?

this isn't an adjustment, this is only for the i130. she doesn't qualify to adjust in country, and her priority date isn't current. she has more than 9 years more of waiting.

I haven't heard of this before. can you give us more information about the i130?

How do I know if the i 130 was approved or not?

I filed the petition in 2003 not 2004 sorry...and i only received a letter stating that the petition was received

 
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