LPR Dependant Change of Status needed, Deportation Imminent

[Irinei 0]

A friend of mine is in danger of getting deported. Here is the situation as I understand it:

8 years ago her mother came to the US on a K-1 Visa. As her daughter, she was automatically given a K-2 Visa. After arriving, the mother used a lawyer to apply for a Green Card. The lawyer assured her that her daughter's application had also been sent for processing. Her mother divorced the person she had originally come to the US with, and married someone else. They have been married a few years. Very recently, her mother was granted a Green Card under the VAWA (Violence Against Women Act), due to abuse from the first marriage.

When they went to inquire about my friend's status, they were told that the process of her deportation had begun. Apparently, there was no record of any application ever being filed, and the K-2 Visa had long expired. Basically, she has been living here for several years illegally. This is where she is at now. She is over age 18, but under 21. The state where this is occuring is Washington.

The questions I have are:

- Since she is not yet 21, can't she still be considered a dependant of her mother, a LPR?

- Can her new stepfather be considered her sponsor? (I read somewhere this had to be done before age 18)

- Does she have any protection as the child of an abused woman under the VAWA?

- Can she apply for change of status (I-130) while this deportation stuff is going on?

- Is there anything she can do to assure that she is not deported? (forms, waivers, actions, etc.)

Any information that would help her would be greatly appreciated.

[sjoefl01 1]

Surely your friend has talked to an attorney about this. What did the lawyer say?

[Created 6]

A friend of mine is in danger of getting deported. Here is the situation as I understand it:

8 years ago her mother came to the US on a K-1 Visa. As her daughter, she was automatically given a K-2 Visa. After arriving, the mother used a lawyer to apply for a Green Card. The lawyer assured her that her daughter's application had also been sent for processing. Her mother divorced the person she had originally come to the US with, and married someone else. They have been married a few years. Very recently, her mother was granted a Green Card under the VAWA (Violence Against Women Act), due to abuse from the first marriage.

When they went to inquire about my friend's status, they were told that the process of her deportation had begun. Apparently, there was no record of any application ever being filed, and the K-2 Visa had long expired. Basically, she has been living here for several years illegally. This is where she is at now. She is over age 18, but under 21. The state where this is occuring is Washington.

The questions I have are:

- Since she is not yet 21, can't she still be considered a dependant of her mother, a LPR?

- Can her new stepfather be considered her sponsor? (I read somewhere this had to be done before age 18)

- Does she have any protection as the child of an abused woman under the VAWA?

- Can she apply for change of status (I-130) while this deportation stuff is going on?

- Is there anything she can do to assure that she is not deported? (forms, waivers, actions, etc.)

Any information that would help her would be greatly appreciated.

This is huge! Lots of unanswered questions, like, so didn't the mother file her I-130 at AOS when they arrived on the K3/K4? This reads like the mother took care of herself......not saying that's what you intended to say............I'm only talking common sense here, others are probably more qualified to direct you, but I'd say get your friend to gather all the information there is, any copies of past paper work, sounds like her mother has been through the mill, but she must have some recollection no matter how small.

The stepfather relationship would have had to be created before she was 18.

It is worth paying for the consultation on this, providing you have a good lawyer, perhaps someone can recommend one if you are in Washington. You really need to take legal advice.....quickly. At the same time, try to find Pro Bona representation......search online for this.

Please let us know how this progresses.

[noviademexicano 0]

try www.familiesforfreedom.org

Subhash Kateel

> Families For Freedom (*OUR OFFICE HAS MOVED)

> 25 Chapel Street, 7th floor (box 703)

> Brooklyn, NY 11201

> *(718) 858-9658 x204 *(800) 895-4454 fx

> subhash@familiesforfreedom.org

> www.familiesforfreedom.org

They will help your friend with references.

[Irinei 0]

This is huge! Lots of unanswered questions, like, so didn't the mother file her I-130 at AOS when they arrived on the K3/K4? This reads like the mother took care of herself......not saying that's what you intended to say............I'm only talking common sense here, others are probably more qualified to direct you, but I'd say get your friend to gather all the information there is, any copies of past paper work, sounds like her mother has been through the mill, but she must have some recollection no matter how small.

The stepfather relationship would have had to be created before she was 18.

It is worth paying for the consultation on this, providing you have a good lawyer, perhaps someone can recommend one if you are in Washington. You really need to take legal advice.....quickly. At the same time, try to find Pro Bona representation......search online for this.

Please let us know how this progresses.

The mother relied completely on a lawyer for all of this, who assured her that he was taking care of her daughter as well. Only to find out later that he had only done the work for her.

I would think my friend has protection as the unmarried dependant of a legal permanent resident. She may also have rights as the child of an abused woman under the VAWA. But the deportation process has already begun... is she able to apply for adjustment of status while this is going on?

[Girona40 0]

Your friend needs to get an attorney onto this, quickly. It is a little more complicated than most and there is a very short time in which you have to get appeal documents filed.

Edited April 13, 2006 by Girona40

[almaty 19]

we all relate our experiences here only..for this reason. an attorney is needed..as it is beyond the realm of our collected experiences

[Irinei 0]

we all relate our experiences here only..for this reason. an attorney is needed..as it is beyond the realm of our collected experiences

That is why I came here, to ask questions of people who have had varied experiences working with the system. Maybe someone had learned something that would help our problem, or could at least point us in the right direction.

I wasn't expecting professional lawyers. We're already working on getting one of those.

It helps to know as much information as possible yourself, instead of relying solely on a lawyer. As you can tell from my first post, that doesn't always work as planned.

[chocolaterie 0]

Irinei, I would ask your friend to contact your local congressman. I think it will be highly unlikely that anyone on here has had/knows of such a situation.

If you can get a politician on your side I think you will be able to increase your chances.