I-130 APPROVED AOS INTERVIEW DENIED

[fye 0]

I had my AOS interview and got denied. Im 20years old and my mom is an u.s resident, i entered the country with a tourist visa and i was told that was the reason why. My lawyer says to appeal but i dont know who is right anybody that can help?

[Myopia 93]

I had my AOS interview and got denied. Im 20years old and my mom is an u.s resident, i entered the country with a tourist visa and i was told that was the reason why. My lawyer says to appeal but i dont know who is right anybody that can help?

You have to give more information.

When did you enter the US?

What basis was you trying to adjust?

What Visa did you enter the US in?

You need to give facts.

What happened at the interview?

If you came on the Visa Waiver Program (This is the program that allows you to be in the Us for 90 days) then the USCIS district that you are in (3rd) is denying Visa Waiver Program Adjustments.

Edited February 16, 2011 by Myopia

[fye 0]

I entered with a tourist visa in 2000, my parents decided to stayed when i was 10 yearts old (I guess I didnt really have a status). In 2007 my mom became a resident through my 21 year old sister. After that we filed for a I-130 got approved and then applied for the I-485 in the AOS interview, the officer told us i wasn't approved because i didnt change my status after the 6months of entering the country. I dont know too much since i was young my mom was handling all my paperwork, i hope this information is useful.

You have to give more information.

When did you enter the US?

What basis was you trying to adjust?

What Visa did you enter the US in?

You need to give facts.

What happened at the interview?

If you came on the Visa Waiver Program (This is the program that allows you to be in the Us for 90 days) then the USCIS district that you are in (3rd) is denying Visa Waiver Program Adjustments.

[NigeriaorBust 4,087]

Is your mother a resident ( green card ) or a USC. If she is only a resident you can't AOS unless your priority date is current. F2a is processing I130's approved in 2007 and f2b from 2003. How old are you now

[fye 0]

yes, the lawyer told the priority date was still current. i'm 19 now. My I-130 was approved in 2010

Is your mother a resident ( green card ) or a USC. If she is only a resident you can't AOS unless your priority date is current. F2a is processing I130's approved in 2007 and f2b from 2003. How old are you now

Edited February 16, 2011 by fye

[Harpa Timsah 13,258]

If you overstayed your visa (seems you did), and your mother is only a LPR, you are not eligible to adjust status based on a LPR petition because you overstayed.

[NigeriaorBust 4,087]

If you are 19 you have been out of status on your account for long enough to incur a 10 year ban. Is either of your parents a USC ?

[JimVaPhuong 4,863]

I entered with a tourist visa in 2000, my parents decided to stayed when i was 10 yearts old (I guess I didnt really have a status). In 2007 my mom became a resident through my 21 year old sister. After that we filed for a I-130 got approved and then applied for the I-485 in the AOS interview, the officer told us i wasn't approved because i didnt change my status after the 6months of entering the country. I dont know too much since i was young my mom was handling all my paperwork, i hope this information is useful.

Harpa Timsah summed this up for you.

You've been in the US unlawfully since your tourist visa expired. The only people who can adjust status and get a green card while they aren't lawfully in the US are immediate relatives of US citizens (parents, children, and spouses). Relatives of LPR's, and relatives of US citizens who don't qualify as immediate relatives, must be lawfully present at the time they submit an application to adjust status.

Unless your mother becomes a US citizen damn quick, and submits another I-130 and I-485 before your 21st birthday, you will not be getting a green card through her.

Another possibility is you leave the US, wait out the 10 year ban you've incurred for overstaying by more than one year, and then apply for an FB2B visa. You must not get married or you won't be eligible.

BTW, your lawyer is either an idiot or a shark. If he's an idiot then he's unaware of the basic requirements of INA section 245. If he's a shark then he knew damn well that you wouldn't be able to adjust status, but was more than happy to take your money, and would again be more than happy to take more money to file an appeal that he knows cannot be approved. In fact, he'll follow you all the way through your deportation process, blissfully blowing smoke up your skirt and making you write checks.

Is your sister a US citizen?

[fye 0]

no, my parent are only us residents. And my sister is a citizen but i heard her petitions takes over 10 years.

[NigeriaorBust 4,087]

The problem is that the only one your overstay can be forgiven for is a USC. As long as your parents are not USC your overstay means you can't AOS in the US and that you are now deportable. Even for your sister to get the overstay forgiven she has to show SHE would suffer extreme hardship if you were deported. Hard for a sibling to do.

[Harpa Timsah 13,258]

Overstay won't be forgiven for sister, only immediate relatives of USCs, which is spouse, parent, or child under 21.

Edited February 16, 2011 by Harpa Timsah

[fye 0]

Thanks for all the responses. I'm thinking of leaving the country and wait for the 10years my mom is devastated. Do u guys think this is the best decision? im just tired of getting turned down and making my family go through this with me.

[~happyndinlove~ 540]

You've been in the US unlawfully since your tourist visa expired. The only people who can adjust status and get a green card while they aren't lawfully in the US are immediate relatives of US citizens (parents, children, and spouses). Relatives of LPR's, and relatives of US citizens who don't qualify as immediate relatives, must be lawfully present at the time they submit an application to adjust status.

Unless your mother becomes a US citizen damn quick, and submits another I-130 and I-485 before your 21st birthday, you will not be getting a green card through her.

Another possibility is you leave the US, wait out the 10 year ban you've incurred for overstaying by more than one year, and then apply for an FB2B visa. You must not get married or you won't be eligible.

BTW, your lawyer is either an idiot or a shark. If he's an idiot then he's unaware of the basic requirements of INA section 245. If he's a shark then he knew damn well that you wouldn't be able to adjust status, but was more than happy to take your money, and would again be more than happy to take more money to file an appeal that he knows cannot be approved. In fact, he'll follow you all the way through your deportation process, blissfully blowing smoke up your skirt and making you write checks.

Is your sister a US citizen?

You nailed it!

Edited February 16, 2011 by ~happyndinlove~

[JimVaPhuong 4,863]

Thanks for all the responses. I'm thinking of leaving the country and wait for the 10years my mom is devastated. Do u guys think this is the best decision? im just tired of getting turned down and making my family go through this with me.

How long has your mother been an LPR? Is she eligible and qualified to become a US citizen? When will you be 21 years old?

[NigeriaorBust 4,087]

The mom got her LPR in 2007 through a daughter so 5 years is 2012. Depending on dates it is either not possible or a very tight squeeze to have her get USC and daughters app filed before she ages up. Would CPSA come into play at all ?