I-130 F1 petition approved: can I use I-601 or I-485?

[hindsight 0]

Like many of us, my story is a long and complicated one! In a nutshell, my family and I emigrated from Ireland to the US in 1986. I was an LPR who did not naturalise when I had the chance. A divorce and aging out complicated this. After college, I travelled extensively outside the US for a number of year. After staying out for a period of under 2 years, I was granted deferred inspection @ POE in MIA where I was held for 4 hours and threatened. I was told I would lose my residency and face a ban of 10 years if I tried to appeal. In what I now understand to be bad legal advice and fear on my part, I voluntarily abandoned my LPR. Stupid, stupid, stupid. My USC father, who is now 73, has filed an I-130 on my behalf. My PD is Nov 2011. I am unmarried and over 21. We have just received noticed that the petition has been approved so now joining the long list of those awaiting a visa from the NVC. Is my father eligible to file an I-601 on my behalf? I am very afraid my father will pass away before I am granted entry and my mother, aged 64, is beyond depressed at the situation. I do not have any other home country other than the US as I moved there when I was 4. I hope someone can help as all the lawyers I've seen have said I'm a total grey area! Thank you.

[Merrytooth 5,748]

Which country are you staying currently now?

[Harpa Timsah 13,258]

Why do you need an I-601?

[hindsight 0]

My I-130 has just been approved. My PD is Nov 2011. My father is 73 and in poor health and my mother is 64 and suffering from depression. I used to be an LPR after immigrating to the US with my family at the age of 4. After bad legal advice and fear on my behalf, voluntarily gave it away after staying out for under two years, which I know bitterly regret. I have no other home country as America is all I know. From Kindergarten to college. I have/had a SSN and a Drivers' License. I believe I qualify for extreme hardship. Can anyone advise as to whether I may qualify to use an I-601 or any other new legislation which may be able to help me? I don't know if my family can stand to wait the 4+ years ahead. Thank you.

[NigeriaorBust 4,087]

Your parents can petition you again, if you turned in your old card your old status is gone. You are in a limited class and there is no avoiding the wait for a visa number. You can visit on VWP but resident status is about 5 years . If you didn't turn in the card and terminate status there is a small chance of a returning resident visa.

[kzielu 1,147]

My I-130 has just been approved. My PD is Nov 2011. My father is 73 and in poor health and my mother is 64 and suffering from depression. I used to be an LPR after immigrating to the US with my family at the age of 4. After bad legal advice and fear on my behalf, voluntarily gave it away after staying out for under two years, which I know bitterly regret. I have no other home country as America is all I know. From Kindergarten to college. I have/had a SSN and a Drivers' License. I believe I qualify for extreme hardship. Can anyone advise as to whether I may qualify to use an I-601 or any other new legislation which may be able to help me? I don't know if my family can stand to wait the 4+ years ahead. Thank you.

Nothing you can do, I-601 is not applicable and there is no legislation to help with that - have to wait until your visa number is available.

[hindsight 0]

Thanks for the replies. I'm currently in Egypt working as a dive instructor. I am originally from Ireland although I haven't lived there since I was 4. America is technically my home country. I have no strong ties elsewhere.

[Jawaree 717]

Yes your parents can petition U, I don't see the need for I 601

but U can do a free phone consult with Liz Cannon Or Laura

Fernandez , just to be sure, since I am no atty I would prefer

U double check with one, I don't think re-entry applies, but no harm

in asking about it too....U will get approved if U have no negative

history anywhere, If dad is ill when it gets to NVC U can probably

ask about expedites...good luck