Plsss!!! Help NVC CASE complicated

[Nilush 3]

My mother is a green card holder, she filed for my brother n I on march 30,2011. The case was approved by uscis but uscis sent the case to NVC bc they said we r not eligible to adjust our status in the US.

So this case is complicated bc my brother n I r here in the US and we have tried calling NVC to send the case back to USCIS but NVC said uscis has to request the case, then uscis says no, send a letter to NVC so then can send us 'uscis' the file. Our I-94 have already expired and my brother has received 2 days ago the DS form but my mother doesn't want to act yet bc she wants the case to b process here in the US.

At this point idk what to do my mother doesn't want us to go back to our country to get our cases process by the consulate when we r already here.

What can we do at this point. Pls I would appreciate your response.

[Bleauwolf 9]

Nilush,

I know you are anxious to get some help and information. I can completely understand. I apologize that my note is not directly related to your questions. However, I want to give you some helpful advise because I'm sure you will have more posts with more questions.

I understood what you wrote in your post, however, in the future, please don't write your post like your sending a cell phone text message to your personal friend. Please don't use a lot of slang or acronyms (letters to express words). It makes your post more unclear, distracting and time consuming. VisaJourney is a place to get some serious help, support and advice. There is a great resource of knowledge here from a large group of people who have devoted and volunteered a lot of time and effort to research, write guides and express answers to others clearly... so that all may benefit. Not everyone here is fluent in English... but they try very hard and do the best that they can. When a person adds a lot of slang and acronyms to their posts, it creates more confusion and leads to more questions than necessary and makes things slower.

Just take your time writing a post and write as clear and best as you can. (Remember, more information is better than less). Take time to consider your thoughts and the information you want to say, and the questions you want to ask. Remember, people trying to help don't know all the details of your situation. So, any time you want to post questions, take time to explain a clear picture so that you can get help more quickly. Finally, BEFORE you submit a post, take time to read your post once and make any changes or corrections before you post it.

Thank you for taking a moment of your time to review this information, it will help you in the future.

It seems your case has become complicated. I am certain you will receive some good advice here very soon.

I wish you and your family the very best,

~Bleauwolf

[Gigli2008 70]

My mother is a green card holder, she filed for my brother n I on march 30,2011. The case was approved by uscis but uscis sent the case to NVC bc they said we r not eligible to adjust our status in the US.

So this case is complicated bc my brother n I r here in the US and we have tried calling NVC to send the case back to USCIS but NVC said uscis has to request the case, then uscis says no, send a letter to NVC so then can send us 'uscis' the file. Our I-94 have already expired and my brother has received 2 days ago the DS form but my mother doesn't want to act yet bc she wants the case to b process here in the US.

At this point idk what to do my mother doesn't want us to go back to our country to get our cases process by the consulate when we r already here.

What can we do at this point. Pls I would appreciate your response.

What visas you came to the US with the first time determines if you can adjust your status here in the US or not. If the USCIS said that your file was sent to NVC and that you must go back to your country to get your Immigrant Visa, then it does not really matter what your mother wants to do. The process has standards and guidelines. If your mother is adamant, then she needs to contact a lawyer who will provide the best advice on what steps to take from here on.

Edited April 24, 2012 by Gigli2008

[aaron2020 11,651]

My mother is a green card holder, she filed for my brother n I on march 30,2011. The case was approved by uscis but uscis sent the case to NVC bc they said we r not eligible to adjust our status in the US.

So this case is complicated bc my brother n I r here in the US and we have tried calling NVC to send the case back to USCIS but NVC said uscis has to request the case, then uscis says no, send a letter to NVC so then can send us 'uscis' the file. Our I-94 have already expired and my brother has received 2 days ago the DS form but my mother doesn't want to act yet bc she wants the case to b process here in the US.

At this point idk what to do my mother doesn't want us to go back to our country to get our cases process by the consulate when we r already here.

What can we do at this point. Pls I would appreciate your response.

Your family has made a very big mistake. (Please do not blame USCIS for this problem. USCIS did not do anything wrong by processing your attempt to adjust. USCIS processed your case and it was denied.)

It takes 2-3 years for an LPR (green card holder) to petition for an unmarried child. No one gets to jump the line.

Your LPR mother filed for you and your brother on March 30, 2011. Assume generously that it is also your Priority Date (PD).

In order to qualify to adjust your status, your PD must be current according to the Visa Bulletin issued by the US State Department. Your PD has NEVER been current which means you and your brother do not meet the requirement to adjust your status. This is the reason why USCIS rejected your attempt to adjust.

Your I-94s have expired.

You and your brother have no basis to stay in the US. You must return to your country. To remain in the US put you and your brother at risk to obtain legal status in the future.

If you remain in the US after your I-94 expires, you will begin to accumulate days of unlawful presence in the US. With 0 to 180 days of unlawful presence, nothing happens to you. With 180 days to one year of unlawful presence, you will be ban from returning to the US for 3 years if you leave the US. With more than one year of unlawful presence, you will be ban from returning to the US for 10 years if you leave the US.

Your unlawful presence could hurt your chances of getting green cards.

You must return home and wait for your PD to become current. Staying in the US puts you at risk. A little pain now, and a great reward later.

[Nilush 3]

Thank you for your replies.

We spoke to a paralegal and lawyer and they said:

Since we both enter the US legally, we r able to apply here and simply the reason why our case is in the NVC is because my mom still a LPR.

My brother just received a D302 notice or the affidavit of support application, so the lawyer said to Let the NVC know the process wants to be done here and in about 2-3yrs he will b a resident.

Do you guys think the lawyer's answer is wrong? what do you guys think?

[aaron2020 11,651]

Thank you for your replies.

We spoke to a paralegal and lawyer and they said:

Since we both enter the US legally, we r able to apply here and simply the reason why our case is in the NVC is because my mom still a LPR.

My brother just received a D302 notice or the affidavit of support application, so the lawyer said to Let the NVC know the process wants to be done here and in about 2-3yrs he will b a resident.

Do you guys think the lawyer's answer is wrong? what do you guys think?

The lawyer is dead wrong.

What would be the legal status that you and your brother will be on while you wait? What gives you the right to be in the US? So in 2-3 years, you and your brother will be resident huh? So, no punishment for breaking the law?

Wishful thinking. If you hire this lawyer to help you because you want so hard to believe him, you and your brother will pay the price. The lawyer will be happy to have your money.

Good luck.

[Darnell 8,478]

i say Mom thought an I-130 was enough,

when she really wanted to file an I-130 + I-485. She can't, she's not a USCitizen.

Both of these are required for USA Adjudication, adjustment of Status to become a Green Card Holder.

As is, your mother not qualify (she is a LPR) and something is very wrong with the processing.

Edited April 25, 2012 by Darnell

[Nilush 3]

I guess we have to look for another lawyer to Inform us better, we want this case to be done here but if it's not possible is not possible.

in those 2-3 years our priority date march 30 will start being process for sons or daughter under 21 of LPR. So in the meantime our case would b pending bc the case has been approve by uscis.

I have a friend her case was done here and she did pay a penalty for over staying.

Thank you though anyways for your replies.

[aaron2020 11,651]

I guess we have to look for another lawyer to Inform us better, we want this case to be done here but if it's not possible is not possible.

in those 2-3 years our priority date march 30 will start being process for sons or daughter under 21 of LPR. So in the meantime our case would b pending bc the case has been approve by uscis.

I have a friend her case was done here and she did pay a penalty for over staying.

Thank you though anyways for your replies.

Do you understand that you and your brother are breaking US immigration laws by overstaying after your I-94s expired?

Do you understand that you and your brother will not be legally allowed to work or go to college?

Do you understand that you and your brother can be detained by ICE and be deported?

Do you understand that violating US immigration laws mean that you may never be able to get green cards?

[Nilush 3]

I understand we'll see how everything goes. Thanks.

[aaron2020 11,651]

I understand we'll see how everything goes. Thanks.

I've tried to be gentle, but you don't seem to get it. So, here is the harsh truth about your situation.

The US is very strict about obeying laws.

The US is not not Peru or other countries where you can find a "fixer" to help after violating the laws. No one may be able to fix your violation of US laws.

By breaking US immigration laws, is your family prepared for you and your brother to be arrested, jailed, deported, and never allowed back into the US?

You and your brother have a legal way to immigrate to the US. To take advantage of this, all you need to do is obey US immigration laws. You put this at risk for violating US laws.

There are legal ways to immigrate. There are also an illegal ways to immigrate. Your family is choosing the latter which is the stupid choice in my opinion when you have a legal way to immigrate. The stupid choice will cost more money and involve more heartaches because your and your brother are at risk for arrest and deportation.

-----------

P.S. Your profile indicates that you are an F2b beneficiary. There is a 7-9 years wait for a visa. You will be living illegally in the US for a very long time. Don't expect your violation of US immigration laws to be forgiven. You are an adult. You are making an adult choice to violate US laws. You can expect to be punished for this later.

Edited April 26, 2012 by aaron2020

[Nilush 3]

Like I said, I understand your point, i know here In the us Laws are Laws and we are aware of that, I think most people filing a case are aware of how strict the US is. so thank you anyways for taking the time on reading this post and if you have any case pending too, I hope everything goes fine and I'll keep posting more info about my case when we get any other news.

[aaron2020 11,651]

I am not going to wish you and your brother good luck on your visajourney. You and your brother are breaking US immigration laws.

When a Peruvian like you and your brother abuse your visitor visas, it makes it harder for your fellow Peruvians to come to the US to visit their families. What you and your brother are doing affects your fellow Peruvians in a very negative way.

When a visitor visa is abused, the US Embassy is less likely to give them out.

People like you are the reason this Peruvian boy cannot get a visitor visa; http://www.visajourney.com/forums/topic/364745-how-to-bring-brother-in-law-from-peru-who-is-a-minor/page__gopid__5334193#entry5334193

What you are doing is hurting other Peruvian families. It's people like you that keep Peruvians from being able to visit their families.

Edited April 26, 2012 by aaron2020

[zapatosfeos 17]

I am not going to wish you and your brother good luck on your visajourney. You and your brother are breaking US immigration laws.

When a Peruvian like you and your brother abuse your visitor visas, it makes it harder for your fellow Peruvians to come to the US to visit their families. What you and your brother are doing affects your fellow Peruvians in a very negative way.

When a visitor visa is abused, the US Embassy is less likely to give them out.

People like you are the reason this Peruvian boy cannot get a visitor visa; http://www.visajourney.com/forums/topic/364745-how-to-bring-brother-in-law-from-peru-who-is-a-minor/page__gopid__5334193#entry5334193

What you are doing is hurting other Peruvian families. It's people like you that keep Peruvians from being able to visit their families.

Seriously Aaron, why are you being such a bully? I see your point absolutely. My fiance's mother has been denied a visitor visa 3 or 4 times, in Peru, and it sucks thta because of other people abusing the system, she cannot come to visit. But this person is here looking for advise because quite possibly they just dont know. Lets try giving Nilush benefit of the doubt a little bit. I am currently in the process of getting the K-1 visa for my fiance so that he can come, we can get married and we can finally be together. But if it wasnt for Visa Journey I would not have been able to do half of what I have done so far. When I started the process I was completely uneducated about any of the laws, rules, forms, whatever you name it. Maybe now that, thanks to your knowledge and experience, Nilush has been informed about the legal and illegal rules and consequences they will do the correct thing.

In the words of Ellen: Be nice to one another

[aaron2020 11,651]

Seriously Aaron, why are you being such a bully? I see your point absolutely. My fiance's mother has been denied a visitor visa 3 or 4 times, in Peru, and it sucks thta because of other people abusing the system, she cannot come to visit. But this person is here looking for advise because quite possibly they just dont know. Lets try giving Nilush benefit of the doubt a little bit. I am currently in the process of getting the K-1 visa for my fiance so that he can come, we can get married and we can finally be together. But if it wasnt for Visa Journey I would not have been able to do half of what I have done so far. When I started the process I was completely uneducated about any of the laws, rules, forms, whatever you name it. Maybe now that, thanks to your knowledge and experience, Nilush has been informed about the legal and illegal rules and consequences they will do the correct thing.

In the words of Ellen: Be nice to one another

There are many people on this forum with family who cannot obtain visitor visas. When people abuse their visitor visas, it affects those families in a very negative way.

I've given Nilush very good advice on how to immigrate to the US legally. She knows the difference between legal immigration and illegal immigration. She is choosing to do it the illegal way. This affects the rest of us. Nilush is not looking for advice on how to do things legally. She wants to know how she can get away with doing it the illegal way. She is not here to learn anymore, she got the information. She is here to advance her goal of staying illegally.

So, I don't think I am being a bully. She is choosing a path that results in the US not trusting people who want visitor visas. She is choosing a path that negatively affect a lot of other families. So, yes, I am mad.

Every time a visitor visa is denied in Peru, you can thank people like Nilush for keeping these families apart.

If people didn't abuse their visitor visas, the US would probably let your fiancee's mother visit to attend her daughter's wedding, witness the birth of her grandchildren, etc. Because of people like Nilush, your fiancee's mother will never ever be able to do any of those things. Not only will your fiancee's mother miss those moments, so will your fiancee. I bet your fiancee would love for her mother to be able to attend her wedding. I bet your fiancee would love for her mother to be there when she gives birth.

Ask your fiancee how she feel knowing that the reason her mother can't get a visitor visa is because people like Nilush abuse their visitor visas? I bet your fiancee feel differently from you.

Edited April 27, 2012 by aaron2020