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#9
12-23-2007, 03:12 PM
Moderator
From New York City
Joined in May 2007
1,249 posts
RahmanIV
Quote:
Originally Posted by WaitinOn2morrow View Post
Hello everyone. Thought I'd join a group that can understand my situation.

Well... here's my story.

I was brought here by my mother, along with my sister, from Germany when I was 3 years old on a tourist visa. Mom got married and got permanent residency, and stepdad didn't sponser us. After about a year and a half, they got divorced. After that my mom struggled being a single mom waitress, odd and end jobs here and there... so she couldn't afford to pay the necessary fees needed to file for us. After ten years her greencard expired and thankfully she got it renewed through her employer sponsering her. I didn't fully realize my situation as a result of my mother's irresponsibility until I was 14 years old. I tried every chance I got to get her to file paperwork on our behalf, but she didn't ... partly due to her not understanding where to start.
When I turned 17, I saved up enough money babysitting and stopped waiting on my mom doing anything for me. I got an I-130 and filled it out myself. Because my mother has only permanent residency, and has never tried to apply for citizenship... my wait time was up to 999 days... just for approval. I received my approval Nov. 2006. Now I'm just waiting my turn in line for my priority date to come up. Problem is, an I-130 was the only thing that has ever been filed for me... and I got married at 18. Big mistake. He wouldn't file an I-485 on my behalf... excuse after excuse... and we were seperated 6 months later, and he moved back to his home state. He was in the military when we met.

Currently, Im a week away from turning 22... not divorced yet (long story), and have been living with my current boyfriend for the past two years.. all while still in status limbo. I can't drive, work, have an ID card, recieve any financial aid to continue school after graduating high school, and I don't know what to do anymore. If I didn't have my boyfriend... I'd have noone that would be able to financially support me. My mom is financially unstable and currently unemployed and refuses to apply for welfare. She's trying to support my sister (who is now 26 and still in the same situation as me), and my sisters daughter. They have a hard enough time keeping the lights turned on much less having another mouth to feed if I were there. But they are the only family I have in this country.

I feel like Im stuck in between a rock and hard place and I could really use some emotional support. I've been depressed for a long time... since graduating high school... Im sure you can understand why. I sit at home all day alone... my boyfriend works alot, and I have like 3 friends. All who have lives, and husbands, babies, and school that keep them busy. Guess I consider myself lucky I have a roof over my head.

Thank god I found this place...

... the DREAM act could save my life.
I read your story four times trying to find a silver lining and a possible resolution for you.

First, I'd like to clarify a few things. Your mom's green card may have expired but her status as a permanent resident never expires. She is still legally living in the U.S. as a permanent resident even after her green card expires. Its just that she has to renew her green card within the six months before its expiration date. I strongly encourage her to apply for citizenship. If she can't or won't, I recommend that you fill out the paperwork and have her sign it and then file it with the USCIS. I feel that your mother isn't devoting proper attention to the immigration status of you, her child. You should do your best to encourage her to do so.

Second, you said that your I-130 petition has been approved. When an I-130 petition is approved, that means your priority date is current according to the State Department and there is a visa number available for you. You don't have to wait for your priority date to be current. When your I-130 form is approved, it means your priority date has been satisfied. Thats the good news. The bad news is that your I-130 is invalid because you married before receiving a green card approval.

At this point in time, as you wait for the DREAM Act, your mother is your best option at obtaining a green card. First, it is vital that she apply for citizenship. There is a lot of paperwork involved and given your mother's reluctance, it does seem like an impossible task. However, please explain to her that you are her child and she is your best option at having a better life in this country. Also, you are always at an ever-increasing risk of being deported back to a country that you don't know and have never known. Your life would indeed be ruined if you were deported to Germany and compelled to assimilate into German society. I don't mean this as an insult to German society, I mean that after spending your entire life here, your return to Germany would be a severe setback for your progression into a career.

Your mother is your best option. After she obtains citizenship, she can petition for your despite your marital status.
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I am not an immigration attorney nor do I have any experience litigating immigration cases. As always, seek professional advice before pursuing any course of action. I cannot be held accountable for any consequences of my comments.
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