Stuck in Canada! 221g processing (merged)

[Bowtoledzep 0]

Long story short, I was born in Montreal and moved to the states when I was about 2-3 years old (California to Virginia) and lived there my whole life. My oldest brother married a US citizen and filed an I-130 for me and got approved in 2010 which then goes to the long haul of F-4. I've been lawfully living in the states with DACA since 2012.

 

Current date: my interview was in Montreal on March 29 and got the 221g cause they needed the petitioner's original birth certificate in which I forgot. They also emailed me a follow up to request additional information on if I had any deferred or temporary protected status 2009-2012 (when I was between 18-21) and my parent's date of becoming a legal US resident.  So I mailed the birth certificate to the courier section on March 31, emailed them back on my follow up additional information (with proof of documentation) that same day and I got an email on April 5 from them back saying "This case is currently under review with a consular officer. As soon as the review is complete, the Visa Unit will advise of the next steps in order to continue processing the case."

 

My huge concern is how long will it take for them to process it and finally give me an answer to approve me? More importantly, is there a way to speed up the process fast so I can fly back home? They have my passport so I'm literally stuck here until I hear back from them!  I only brought 2 weeks worth of clothes cause I've been told it takes that long to do the whole thing, and I need to get back to my job I work at next week!! On top of that, I'm feeling homesick cause I miss my family, my dog, my girlfriend, friends, etc.

 

Any help would be totally appreciated👏

[aaron2020 11,651]

Are you doing this with a lawyer or on your own?

 

At what age did you get DACA?  How many years after age 18 did you stay in the US until you got DACA.  If you were not covered by DACA after age 18, then you accrued days of unlawful presence which may lead to a ban.  

 

DACA isn't a legal status.  USCIS has made it clear that DACA beneficiaries do not have legal status.  They can legally work, not get deported, and not accrue days of unlawful presence.

 

Furthermore, a US citizen brother is not going to qualify for a waiver if you have a ban.

 

[Boiler 43,856]

Sounds like you have a 10 year ban did you file a I 601a?

[millefleur 5,039]

**Two threads on the same topic merged. Keep all discussion related to your topic to this thread.**

 

VJ Moderation

[Bowtoledzep 0]

29 minutes ago, aaron2020 said:

Are you doing this with a lawyer or on your own?

 

At what age did you get DACA?  How many years after age 18 did you stay in the US until you got DACA.  If you were not covered by DACA after age 18, then you accrued days of unlawful presence which may lead to a ban.  

 

DACA isn't a legal status.  USCIS has made it clear that DACA beneficiaries do not have legal status.  They can legally work, not get deported, and not accrue days of unlawful presence.

 

Furthermore, a US citizen brother is not going to qualify for a waiver if you have a ban.

 

I came in from Canada legally under the E2 visa. Sorry, forgot to mentioned that in the original post! Didn't mean to scare y'all!

[aaron2020 11,651]

1 minute ago, Bowtoledzep said:

I came in from Canada legally under the E2 visa. Sorry, forgot to mentioned that in the original post! Didn't mean to scare y'all!

We're not scared.  We don't have an immigration problem.

 

Did you have DACA between the age of 18 and 21?  

You are looking at staying in Canada for the next 10 years.  You may have a 10 years ban.  

[aaron2020 11,651]

DACA started in 2012.

 

You accumulated more than a year of unlawful presence after age 18.

 

You left the US a couple of weeks ago, so you have a 10 years ban.

 

Your immigrant visa will be deny because of your over 1 year of unlawful presence after age 18.

 

Sorry, you will be staying in Canada for the next 10 years.

 

Get a competent immigration lawyer.  Consider marrying your US citizen girlfriend if you want a path back to the US soon.  Soon meaning a few years.

[Bowtoledzep 0]

5 minutes ago, aaron2020 said:

We're not scared.  We don't have an immigration problem.

 

Did you have DACA between the age of 18 and 21?  

You are looking at staying in Canada for the next 10 years.  You may have a 10 years ban.  

https://citizenpath.com/after-i-130-is-approved-whats-next/#:~:text=Adjustment of Status After I-130 is Approved&text=The foreign national would file,adjustment of status application package.

 

[aaron2020 11,651]

4 minutes ago, Bowtoledzep said:

https://citizenpath.com/after-i-130-is-approved-whats-next/#:~:text=Adjustment of Status After I-130 is Approved&text=The foreign national would file,adjustment of status application package.

 

Big difference between lawful entry and lawful presence.  

You have lawful entry.  

You didn't have lawful presence.  

READ CAREFULLY - what you posted is for the Immediate Relative of a US citizen.  You do not qualify as your brother's Immediate Relative.  

 

You don't seem to understand that you are in a really bad position.

I'm trying to help you.  You haven't bother to answer any of my questions.  You can post all sort of stuff, but it doesn't seem like you understand how bad things are for you.

Edited April 6, 2022 by aaron2020

[Boiler 43,856]

Up to you if you answer questions but nobody here can comment sensibly without information 

[SteveInBostonI130 3,329]

30 minutes ago, Bowtoledzep said:

https://citizenpath.com/after-i-130-is-approved-whats-next/#:~:text=Adjustment of Status After I-130 is Approved&text=The foreign national would file,adjustment of status application package.

 

 

You are not an immediate relative.  You are a family preference.  Overstays are not forgiven.

[Boiler 43,856]

OP. seems to have gone so I am going to assume did not do his research 

[aaron2020 11,651]

2 minutes ago, Boiler said:

OP. seems to have gone so I am going to assume did not do his research 

OP is here.  Lurking and not answering.  Click on his account.  Last log on 1 minute ago.

 

[limegreenbowler 44]

One slight area of hope for OP is that a qualifying relative for waiver purposes does not have to be the same person as the petitioner. OP seemed to imply that one of his parents is now an LPR, so they could theoretically serve as the qualifying relative for an I-601 and he could be back in the US in a year or two change depending on how long a good lawyer took to make the case and put the waiver together.

[Boiler 43,856]

5 minutes ago, limegreenbowler said:

One slight area of hope for OP is that a qualifying relative for waiver purposes does not have to be the same person as the petitioner. OP seemed to imply that one of his parents is now an LPR, so they could theoretically serve as the qualifying relative for an I-601 and he could be back in the US in a year or two change depending on how long a good lawyer took to make the case and put the waiver together.

It does sound like that the E2 stopped at some point, the sibling got status through marriage, naturalised and then petitioned parents and sibling.

 

The parents adjusted in country as immediate relatives and the OP found out that was not a possibility and maybe thought DACA solved everything and/or was not expecting them to catch his illegal presence.