Quote:
Originally Posted by NEXTLOVER
1.My mother and I were under F3 category, filed by my USC grandmother, which became current in 2003.
2.I was 20 years old at that time & SHOULD have adjusted my status along with my mother (my mother IS an LPR now because of this). Weeellll... at that time, both of us were not represented by an attorney; my mother did all the paperwork & she messed up BIG TIME (she sent the paperwork BACK to the "home" country instead of sending it to where she was supposed to send it in the U.S.. Long story, basically) which basically left me FUCKED (I couldn't adjust my status). This took about a year to resolve and by the time it was resolved, I already aged out (I was 21/22 already).
3.Our attorney tried to petition me under the CSPA derivative but I was denied (this was in 2007, I was 23 y.o. at that time). My mother was able to adjust her status and is now an LPR.
4.So this is where I stand. My attorney laid it out for me this way: IF my mother petitions me right now (under Form I-130), I will get a category under F2B & I will get a priority date real quick. Caveat? Telling/signaling ICE that I am in the country illegally, which ICE CAN start removal proceedings against me.
5.Is this worth the risk, guys?
6.I was planning on just getting my BSN first (just 2 more semesters to go!) & THEN tell my attorney to go ahead with the aforementioned plan. Again, with the caveat that ICE can start deportation proceedings against me. My attorney says "I have a good chance," but don't all lawyers say that? Either way, I really want to finish my BSN first.
7.Any advice, any help, any guidance, comments... I'd really appreciate. You can imagine how hurt & angry I was with my mother. But you know what? She's my mother & I dearly love her. I forgive her (yes yes, she fucked me 2 times, technically) & I completely understand how she got so confused (she couldn't afford an attorney at that time). I've had a damn good life because of her sacrifices 
Thanks in advance |
Hello,Hope you don't mind but had to break it up to be more detailed within certain areas.
1.By any chance would this application filed by your grandmother before April 30th,2001 ? It almost sounds like you maybe derivatively covered under 245i.
2.You said "This took about a year to resolve",what do you mean by that at that age of 21/22 ? Extrapolate on what was resolved.
3. I guess it depends on how CSPA was calculated in your case at the time.....which is key to why it was denied.USCIS already knows you're in the country when you were placed on your mother's application so that shouldn't be an issue.I-130's also do NOT initiate removal proceedings.........denied I-485 or immigrant applications do.An I-130 is only to prove the relationship while the I-485 is to seek the benefit.ICE will likely NOT remove you/start removal proceedings.I'm also only hypothesizing that your Mom is a US citizen now which allows her to file for you as an Adult.Only US citizens can file for adult children.
4.Your parent would have to be a US citizen and your I-130 would have to be approved first before you are given a priority date........but the actual green card would take many years and depend on many factors.The
visa bulletin is currently @Jul. 03 for the world and declines after that for many other retrogressed countries.
5.That decision would have to be up to you.
6.There does appear to be something plausible here but it won't be "quick".Take the visa bulletin to the lawyer and have him explain it that you know your shit,lol.You should pursue with your education however you please if you are not limited in anyway by your immigration status to do so.....
7.The person that might have helped you the most also is actually the
Grandmother technically if you're under 245i.....that is going to come in very handy to adjust any immigrant application on US soil
IF she filed it for your mother before April 30th,2001.