mathewax123

It would have been more exciting without the leak, though

If so, why is it only in the Ecuador embassy so far? I guess I'm gonna wait for that e-mail or until they update the dates on the main lottery website

1 hour ago, Going through said:

ok....

 

If your mother believes that she can file for a GC under her own merits of just being in the country and wanting to stay...she is gravely mistaken.  Your other thread, you mentioned that she had gotten a GC through "possible marriage"...so is she married to a USC or permanent resident?  Is she married at all?

I am really sure she is gonna get it through marriage, if she gets through it all I'm gonna congratulate her and if she doesn't I'm gonna drop the 'I told you so' on her

44 minutes ago, kzielu said:

She's going to waste a lot of money, but it's  her choice. People are free to choose how they spend it. I-485 is going to get rejected right after they cash the check for over a grand.

Yeah she basically sold out her stuff in order to get enough funds for this whole situation

2 hours ago, missileman said:

smh

Actually informing her if I have made up my mind

1 minute ago, NikLR said:

Doesnt matter about the sister now, she's already in the USA.

 

How has your mother become a green card holder?

She hasn't, she will file all she needs (485, blablabla) as soon as I make up my mind.

48 minutes ago, Going through said:

Right.  But she was supposed to return to her home country on a tourist/student visa, not stay and adjust status with her mother...that was my point.  If your sister was pressured to do it, as you are being pressured to do it, and crossed the border knowing she was going to stay and adjust status as well---that was visa fraud.

I mean, she was being pressured at first, she probably still is but she trusts my mom way more than I do, and really likes it there

2 minutes ago, Going through said:

So the sister is now immigrating after arriving on a tourist visa then....separate flights, you say?

 

I suppose that's why your mother was suggesting you do the same thing---that makes sense now, in her mind, I guess.

 

I'm not judging you or your family here..but I really think you're playing with fire.  Please please please don't attempt anything illegal.  At the very least, it's not worth risking your studies over.

Not really, she arrived along with a friend of hers, because she had to finish the high school term.

I won't do it, the time it takes to adjust status really hurt what I had in mind, and I also read that visa fraud leads to a permanent ban, which is a no to me. I don't even mind that I probably will never get a green card, I guess I will have to wait and see

9 minutes ago, Going through said:

The 15 year-old sister...is she with you, or in the US now and if so how did she enter?

She is along with her, came in different flights some days apart with tourist visa

37 minutes ago, VICMER said:

Was not newly issued / renewed, I live at the Mex/USA border and crossed almost every day. We married in US (on visitor visa) with no I-94 (not needed within 100 miles from the border) and two months later sent I-485 package. The correct way is get K1 visa.

Well my mother really doesn't want to come back(bad divorce), so I guess a K-2 visa for me is off the limits. 2 months later huh? I guess for you it was faster since you had that K visa, although I wouldn't mind if it applied to any visa type.

13 minutes ago, Boiler said:

The only problem I see is the lack of a 'file together' option.

I was referring to file at the same time

33 minutes ago, geowrian said:

1. There's no requirement to all file together. Each case will be reviewed on its own merits.
2. Nope....not in the last few years at least (probably longer). It currently takes closer to a year. Yeah, I'm assuming they meant the work permit, or were just mistaken.
3. Yup
4. I don't think anybody is suggesting entering a marriage for the purpose of getting a green card for anybody. That's marriage fraud and against this site's TOS to condone or instruct (which I know Boiler follows as his bible). I think that's where the "if his mother intends to wed" comes in....not to imply marrying for the purpose of a green card.

1) Not together but rather at the same time

2) Well that's a bummer, because I only considered going there thinking that I would get the visa with enough time to enter to study in the U.S the next semester, skipping the whole F-1 visa process, but apparently I would have to sacrifice even more semesters in order to get the green card in time, something I don't want, since I want to study right now.

4) wink wink?

45 minutes ago, VICMER said:

Yes, it is a very bad idea, you may be charged with visa fraud, is better wait some time and still you may be in trouble. I adjusted status from visitor visa and the officer give me the hell on interview, he approved my case but that was close.

Was your visitor visa newly renewed? Did you adjust status as soon as you got there? If any of the answers are no, then you already had better chances than me.

3 hours ago, Boiler said:

In no particular order:

 

• There is no evidence to suggest his Mother has any status in the US other than visitor possibly overstayed.
• Lets say she does or has married a USC it will be say a year before she could get a GC.
• No immediate visa available and he will likely age out so would be a loooong time before he could immigrate.
• The most practical route if his mother intends to wed would for her to go through K1 and he could be a K2, OK to 21.

1) She hasn't overstayed, she was waiting for me to arrive so we can file all together, if I take longer, she will be past the date on her i-94.

2) Really? I've always been told that if you marry to an USC, your green card would be ready within 2 or 3 months when you adjust status? It did sound too good to be true to me, although, they probably were referring to the work permit, I guess.

3) Yeah...

4) I don't really dig the idea of marrying forcefully to get a green card, it's just too deceitful. 

6 hours ago, Going through said:

Just read your other threads on this from before...maybe the USC husband is petitioning you as a step-child?  You need to really find out more information from your mother about what exactly her friend is "taking care of" on her/your behalf.  From your other thread, you seemed unsure of whether your mother had even gotten married or not---do you know for sure if she has gotten married to a USC now?

 

I find it odd that she seems unwilling to give you any real details on how she is applying for you to come to live in the US (based on your other threads)...

 

As for the tourist visa...I agree with others that it's not legal, and it's definitely not a good idea to attempt what your mother is pressuring you to do, and it's good that you are questioning it here.  POE officials are very good at unraveling stories and falsehoods, and it will not be a pleasant experience for you in the end especially with the possibility of dire consequences that would not only affect any future green card application but could also affect your admission into the States under any sort of visa at all.

I read that the USC and my mom should be married before my 18th birthday in order for the USC to be able to sponsor me as a stepchild. If that's not the case it would be more adequate that he petitioned me later on and then I apply through consular processing since the CSPA rules are more beneficial to USCs. But anyways, no form of visa or petition would be able to 'avoid' a visa fraud given my circumstances if I adjust in the US, as I have read.

13 minutes ago, MeAlone said:

Come to visit your family, see what is it about your Application, let them apply for you, it doesn't mean YOU are committing a fraud, your family is free to file when and what they want to. Stay on your tourist visa while legal, maybe extend it for 6 months more, study your options and then, if you are able to adjust your status without leaving, decide if you do it in US or travel back to your country and process your family based visa from there

If I go to the U.S. I would be sacrificing another semester of college, something I already did last time I tried to get a student visa. I am more than willing to apply through consular processing but the CSPA thing wouldn't benefit me and fall through years of waiting time. I don't want to take any chances.

12 minutes ago, MeAlone said:

30/60/90-day Rule is given to the tourists who didn't plan to marry or adjust their status but after 30/60/90-day their life changed and they are allowed to change their mind.

But traveling with the decision already made to adjust status it's a fraud and it could cause troubles

From what I've read in these forums that rule is total BS. But yeah, that's what I dislike of trying to adjust status right away. It would make USCIS think I lied in the interview and then misrepresented myself in the Port of entry. Everything about the plan screams "preconceived intent" to me.

36 minutes ago, jayjaym said:

Is your sister in the U.S. already?

 

I would suggest asking your mom to be straight with you.  Did she get married to a U.S. citizen?  What petition does she want to file with your name on it?  Stress to her the importance of being fully aware of the process and not relying on "friends".  

 

Also, explain to her that her fear of the NSA is irrational, unless there is some major underlying issue that she isn't sharing with you.

I guess she will be straight with me once I inform her on my decision, but I doubt that any type of petition would avoid a visa fraud given that I just renewed my B2 and would try to adjust status immediately

2 hours ago, Going through said:

How old are you now?

I'm 19 but will probably end up being 20 or close to 20 when my mother gets the green card (if)

42 minutes ago, Going through said:

Oh and two things:

 

1)  Trust your gut instinct.  It's usually right.

2)  It's easy for someone to suggest something illegal when they are not the ones who have to face the consequences of getting caught.

2) I think it's more lack of knowledge from my mom, because when I asked her to explain me what documents she had filed and what she was going to do, she told me that a friend of hers was taking care of that, and she didn't understand much about it. She has a good heart, I appreciate what she's trying to do and even her desperation for me to come, since I always said it was my dream to live in the U.S., a dream that has not crumbled, but that I don't want it to rule my life too much ever since I failed to get my F-1 visa (because of father's debt history). I already took an unmeasured risk once, wasted time, money and effort to it, and I'm not looking forward to make another one, unless it's basically guaranteed (which is probably not).

53 minutes ago, Going through said:

From what I've understood about CPSA...your age "freezes" at the time the application is sent, so that you are not penalized for turning 21 before the application is approved.

 

https://www.uscis.gov/archive/archive-news/questions-and-answers-uscis-issues-revised-guidance-applicability-child-status-protection-act-cspa 

 

The webpage says some info may no longer be accurate, but it doesn't say WHICH info...hopefully someone has been through it to know what is still current regarding the below.

 

Q: What is the Child Status Protection Act (CSPA)?
A. A “child” is defined in the Act as an unmarried person under the age of 21. Prior to the enactment of the CSPA on August 6, 2002, anyone who turned 21 at any point prior to receiving permanent residence could not be considered a child for immigration purposes. This situation is described as “aging out.” Congress recognized that many people were aging out because of large backlogs and long processing times for visa petitions. CSPA is designed to protect an individual’s immigration classification as a child when the person aged out due to excessive processing times.

 

 

Q. How does CSPA work?

 

If you are…
Immediate Relative of a Naturalized U.S. Citizen	Preference Classification for Permanent Residence or Derivative
The child’s age freezes at time the visa petition is filed (Form I-130). If a child becomes an immediate relative through the petitioner’s naturalization or the termination of the beneficiary’s marriage while the beneficiary is under 21, the child’s age freezes on the date such action occurred.	CSPA allows the time a visa petition was pending to be subtracted from an applicant for permanent residence’s biological age so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.

Yeah that article is very confusing, it actually only 'freezes' if you are being petitioned by an U.S. citizen, or the moment you naturalize. I would be petitioned by a Legal Permanent Resident, which is a whole other world regarding  CSPA. User EG&XY, has the most accurate description, I think, of how CSPA could benefit a permanent resident, according to all the 100 pages and forums I have read around. To sum up, the only protection CSPA has for permanent residents, is the time the I-30 was filed, until it is approved (usually not more than a year), keeping in mind, that you would still have to wait until your priority date becomes current, which takes ~2 years. So if I'm 22 when my PD becomes current and my I-30 took more than one year to approve, I would be able to stay in the F2A category.

39 minutes ago, EG&XY said:

It only freezes while the petition is being adjudicated, not from the time the petition is filed until the visa application is approved. So if filing an I-130 and it takes 8 months to approve but then sits for 5 years waiting for a visa to become available, then you would still have to be 21 years and 8 months old for the visa. CSPA doesn't give you credit for the time spent waiting for the visa to become available, only the time it takes uscis to approve the petition. So mostly it would help if you have a loooooong wait with uscis to approve the petition.

3 minutes ago, A_F said:

Thats helpful information that will help others better advise you on what to do. I don't really know about that kind of a visa so I don't want to give you advice when I don't know. That's better left up to someone else, but I will say not to try to adjust status.

 

Yeah I've done some threads about this, and they really have helped shape up my decision, my gut really tells me it's a bad f*****g idea, but I still need one last definite sign to just discard that idea completely, and hope she gets approved soon enough in order to get on my application with enough time to be able to be covered by the CSPA. I was also afraid that, since if I was included in the petition, the could cancel everything because of me, and ruin my mother's dream.

8 minutes ago, A_F said:

Yes that is an extremely bad idea. Do not do that. You answered your own question when you said that you'd be contradicting what you say at time of interview and point of entry...in other words lying and committing visa fraud.

 

Might I ask on what grounds would you be seeking to adjust your status to permanent residency? 

I'm apparently going to be include in a petition along with my mom and my 15 year old sister (she hasn't given me a lot of details), my best guess is that it is accomplished through marriage. I told her that I would rather just wait for a F2A visa, which takes apparently long enough until I finished my studies, but then, when I finally understood the whole Child Status Protection Act thing, I would likely not be covered by it and age out down to F2B, which could take even more years. That's the reason I'm only even considering that idea.

Hey I just needed confirmation that it was a bad idea to travel to the U.S, as a tourist, in a newly renewed B-2 visa (which required an interview) in order to adjust status for a green card, practically filling a 485 as soon as I arrive. Something tells me this is a bad idea but I'm being pressured to travel and try it. Since according to this page https://www.hooyou.com/familybased/exceptions.html , it is bad because in my interview, I practically made them understand that I had no intentions, whatsoever of emigrating to the U.S permanently because of my home ties, studies, relationships, etc. And by filling a 485 as soon as I get there would raise a red flag, mainly because I'm contradicting myself in a fresh interview and probably even at the point of entry. I know the 30/60/90 day rule is not valid at all, but based on all of what I've done, if I attempt what I just described, it will most likely get denied, and I could even be barred from entrying.

So basically, because of the age in which I file (~20) my chances of being covered by the CSPA are slim to none, right? Because of the time it takes for I-30 processing and for a visa priority date to become current, and since my mother won't be able to naturalize anytime soon, I would fall to F2B, eventually.

Let's suppose my mom, a legal permanent resident, files a I-130 for me, when I'm about to be 20 years old, approved >1 year later (usually) when I'm already 21, and ~2 years until my priority date becomes current. Will my age freeze under the CSPA? Because, to my understading, basically your age freezes the moment your I-30 is properly filed, until it is approved, and when your priority date becomes current, you have one year to file, accordingly, in order to get a green card, but apparently this only applies to U.S. citizens. And legal permanent residents wanting to bring their children, have it much more harder, with a lot of conditions, since usually F2A benefited children fall to F2B priority because they turn 21 and the CSPA has really strict rulings when it comes to LPRs . According to everything I have read I can only know for sure with specific dates, especially considering my mom is not an U.S citizen. There's a somewhat complicated formula in this guide http://www.nolo.com/legal-encyclopedia/how-the-cspa-helps-family-based-preference-relatives-derivative-beneficiaries.html , but as I stated, it needs the specific dates. Does anyone have any sort of experience or a better understanding of the whole CSPA? 

1 hour ago, canadian_wife said:

Agree with all of the above.  

 

How is your mother able to adjust status?  Do you already have a tourist visa to the United States?

 

Good luck 

She won't tell me, she thinks that the NSA is intercepting all messages or calls regarding it so she just gives very vague details, she wants me to go to give them to me personally, my guess is that she got married with an U.S citizen or even an employment based green card (although I doubt so because she only has a high school diploma. She did enter the country in a tourist visa but is already over 60 days there. I got confused on the i485 stuff because I read in the filling instructions that other derivatives (such as children) can be included to adjust status, so I guess that's what she based it on.

"

Derivative Applicant (files based on a principal applicant) A principal applicant’s spouse and children, who are not beneficiaries of their own immigrant petition, may be eligible to apply for adjustment under the same immigrant category as the principal applicant. These family members are called “derivative applicants.” A derivative applicant must designate which immigrant category he or she is applying under by selecting the appropriate box listed on Form I-485, Part 2. Application Type or Filing Category, Item Numbers 1.a. - 1.g. Some immigrant categories do not allow for derivative applicants, while a few categories allow additional family members to apply as derivative applicants. See the Additional Instructions for more details. "

I read that and, to my understanding, you could include derivatives, of course not in all the categories. But all I know about immigration is what I've read, I have no real experience, I just wanted to be sure if I should risk my studies in order to be able to be a resident, but based on the responses, it's not looking good, thank you all.