I-130 APPROVED AOS INTERVIEW DENIED

[Aztec&Taino 144]

Not that I am suggesting that the OP does this to circumvent the law, but I do have the following question: Could he adjust his status if he married a USC and she filed the I-130 for him? Or would he still need to leave the country, face the ban, and then for the "imaginary" USC wife to file the I-130 and the waiver? Or would this not work either?

[fye 0]

yes, i heard a spouse counts as an immediate relative. Another question of mine is if i leave the country would i need to do anything before i leave, i want to be able to come back even if its after 10 years. My mom, siblings, nieces and nephew are here i would like to come back for at least one graduation or something.

[Myopia 93]

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.

Your parents are the ones who created this situation for you. You shouldn't feel bad at all. How old are you exactly 19 or 20?

[katiemanny 64]

Not that I am suggesting that the OP does this to circumvent the law, but I do have the following question: Could he adjust his status if he married a USC and she filed the I-130 for him? Or would he still need to leave the country, face the ban, and then for the "imaginary" USC wife to file the I-130 and the waiver? Or would this not work either?

Yes in his case, the overstayed would be forgiven. and the second question is for people that entered the US without inspection or overstayed their VWP

[fye 0]

people are telling me to appeal and fight until the end whether it means leaving or staying but i should use every last resource. My mom(LPR) and my four siblings(USC) are here. would that help in court? My departure would really hurt my family?

[coraliesolms 47]

How old are you now??? If you are 19 or only JUST turned 20, then your mom can file for citizenship, and you can re-apply based on her citizenship. It would be a tight squeeze, but its an option

[RICARDO4EVA2 194]

Yes in his case, the overstayed would be forgiven. and the second question is for people that entered the US without inspection or overstayed their VWP

think if one enter without inspection then he/she can't adjust from what I hear... True?

[fye 0]

unfortunately she theres 6months difference. is there any hope with an appeal?

How old are you now??? If you are 19 or only JUST turned 20, then your mom can file for citizenship, and you can re-apply based on her citizenship. It would be a tight squeeze, but its an option

[JimVaPhuong 4,863]

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 ?

CSPA only applies if the child ages out as a result of USCIS processing delays. In other words, if the child ages out while a petition is pending then CSPA would protect the child's status. If the child ages out while waiting for a petition to be submitted, or while waiting for a priority date to become current, then CSPA does not apply. I don't see any way that CSPA could be applied here since what they would be waiting for is her mother to become eligible to become a US citizen. It doesn't sound like there's any way she's going to become a US citizen and get the I-130 upgraded to IR2 before her daughter has aged out.

yes, i heard a spouse counts as an immediate relative. Another question of mine is if i leave the country would i need to do anything before i leave, i want to be able to come back even if its after 10 years. My mom, siblings, nieces and nephew are here i would like to come back for at least one graduation or something.

You just need to make sure your departure is properly recorded. The ban will begin the day you leave.

people are telling me to appeal and fight until the end whether it means leaving or staying but i should use every last resource. My mom(LPR) and my four siblings(USC) are here. would that help in court? My departure would really hurt my family?

Unfortunately, none of the relatives you listed are eligible to petition for you as an immediate relative. That is the only path that has a hope of providing any relief for you. If someone had submitted a petition for you before April of 2001 then you'd have a shot at 245(i), but it sounds like the first petition was submitted after 2007. The only possibility you've got is to try for cancellation of removal based on 10 years of presence, good moral character, and extreme hardship.

Before you even consider trying to fight this, there are two things you should clearly understand. First, you have very little ammunition, so this will likely be an expensive fight with a high probability that you won't win. Second, your attorney has failed you miserably. Don't continue with the same attorney.

[fye 0]

Im definitely going to consult another lawyer. Thanks

CSPA only applies if the child ages out as a result of USCIS processing delays. In other words, if the child ages out while a petition is pending then CSPA would protect the child's status. If the child ages out while waiting for a petition to be submitted, or while waiting for a priority date to become current, then CSPA does not apply. I don't see any way that CSPA could be applied here since what they would be waiting for is her mother to become eligible to become a US citizen. It doesn't sound like there's any way she's going to become a US citizen and get the I-130 upgraded to IR2 before her daughter has aged out.

You just need to make sure your departure is properly recorded. The ban will begin the day you leave.

Unfortunately, none of the relatives you listed are eligible to petition for you as an immediate relative. That is the only path that has a hope of providing any relief for you. If someone had submitted a petition for you before April of 2001 then you'd have a shot at 245(i), but it sounds like the first petition was submitted after 2007. The only possibility you've got is to try for cancellation of removal based on 10 years of presence, good moral character, and extreme hardship.

Before you even consider trying to fight this, there are two things you should clearly understand. First, you have very little ammunition, so this will likely be an expensive fight with a high probability that you won't win. Second, your attorney has failed you miserably. Don't continue with the same attorney.

[NigeriaorBust 4,087]

To the OP Don't use just any lawyer for a case like yours. Get with the most respected one you can afford ( at least for the consulatation )

Immigrate2us.net specializes in cases with issues way too tough for VisaJourney , but do keep us up to date.

General If she self deports and her ban starts. The wait for siblings are about 10 years and she has USC sibling. Could the sibling file now and the petition would be current about the same time the ban is up ?