Filing I-130 (serious help!) in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas Posted April 22, 2008 Hello. I need help. A very close friend of mine is from Brazil, he came to the country with his mother and brother when he was 15 years old, back in 1998. His mother filed an I-485 application for him at that time, to get his permanent residence. His I-485 was denied, because he was arrested back in 2002, for carrying a fake photo id to sneak into a 21+ year old club. The charges were eventually dropped. The UCSIS found out about the arrest, and requested proof that the charges were dismissed (dispoition letter, i believe). He experienced major delays getting the requested documentation, and too much time lapsed, and thats when the i-485 got denied. He hired a lawyer, who said he'd take care of it by ... by requesting a motion to reopen. So my friend stopped following up, and let the lawyer handle everything... And now here we are 3 years later, we find out that this I-485 application was never reopened!! So we saw a new lawyer today, and she said, his mother would have to file an I-130 form, and basically start from scratch. Now for my question... I looked into the I-130 and I understand its purpose. Our new Lawyer says he is now considered "out of status" (illegal alien!). Because of this can his mother successfully file an I-130, while my friend is still in the country,nunder this illegal alien status? Have you heard of someone (a relative) filing a i-130 for an individual who is still in the country but classified as "out of status"? All of his family is here, he's been in this country for 10 years... For him to go back to Brazil, not knowing anyone, to be alone, is just unimaginable! We plan on meeting with our new lawyer next week, but in the mean time, I thought I'd researcht this as much as I can. If anyone is familiar the the I-130, or this process, I welcome your insight. Thank you!!
Filing I-130 (serious help!)
in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Posted
Hello. I need help. A very close friend of mine is from Brazil, he
came to the country with his mother and brother when he was 15 years
old, back in 1998. His mother filed an I-485 application for him at
that time, to get his permanent residence.
His I-485 was denied, because he was arrested back in 2002, for
carrying a fake photo id to sneak into a 21+ year old club. The
charges were eventually dropped. The UCSIS found out about the
arrest, and requested proof that the charges were dismissed (dispoition
letter, i believe). He experienced major delays getting the requested
documentation, and too much time lapsed, and thats when the i-485 got
denied.
He hired a lawyer, who said he'd take care of it by ... by requesting a motion to reopen.
So my friend stopped following up, and let the lawyer handle
everything... And now here we are 3 years later, we find out that
this I-485 application was never reopened!!
So we saw a new lawyer today, and she said, his mother would have to
file an I-130 form, and basically start from scratch. Now for my
question...
I looked into the I-130 and I understand its purpose. Our new Lawyer
says he is now considered "out of status" (illegal alien!). Because of this can his mother
successfully file an I-130, while my friend is still in the country,nunder this illegal alien status?
Have you heard of someone (a relative) filing a i-130 for an individual who
is still in the country but classified as "out of status"?
All of his family is here, he's been in this country for 10 years...
For him to go back to Brazil, not knowing anyone, to be alone, is
just unimaginable!
We plan on meeting with our new lawyer next week, but in the mean time,
I thought I'd researcht this as much as I can.
If anyone is familiar the the I-130, or this process, I welcome your insight. Thank you!!