Am I screwed?

If you took 5 minutes out of your days to read this that would be much appreciated, thanks! I posted here a couple of weeks ago and would like some more advice. I am currently 17.5 and a high school senior. I am also grandfathered by 245i. My parents i485 was denied in February because my dad came as an IT guy, lost his job and had to make some money for my family so he was forced to become a spanish teacher and we are currently doing motions to reopen to try and see if we can still get our green cards through the i485. If that fails, then we will go to removal proceedings, this is were I get really scared. Because of the Morton memo, the case will most likely get suspended for some amount of time. I don't know how long but I pray for a long time. During this time, my dad will most likely try and file a PERM labor certificate with the school he works at if the school allows him to and if that goes through he will adjust status through 245i. I'm scared of this if we get to this point because my dad will have to tell the school that he has been working there illegally and then the school will have to put in the newspaper that there is a Spanish job available or whatever and there is a big chance that the school will not want to do this and both my mom and dad will lose their jobs. If this happens then we will have to sell the house and move into a small apartment, I will be in college hopefully by this time but I care about them and they would have to suffer because they're paying for my college education. At this time my parents will just have no jobs and will be waiting to be put back into removal proceedings and try to get the gc by cancellation of removal. We qualify for everything and the only iffy thing is the extreme hardship. My 11 year old sister is a citizen and I guess the attorney would say since mexico is extremely dangerous and since my sister doesn't know Spanish this would cause extreme hardship. Now my question is basically, am I screwed? Also, if I'm over 21 if the cancellation of removal gets denied would I still be deported if my families is in removal proceedings. Because I know if your over 21 and your parents get approved you don't get your gc.

You won't get deported if the judge rules against you. Although, you are screwed as you will be living here undocumented and will rely on other means to achieve citizenship/legal status such as: marriage (but you have to re-open your case).

Really?! Stephlan, do you mean that I won't get deported if I'm 21 and the judge rules against me. To me this is great because I can live worry free from deportation, graduate college, either get married or find a job and get my papers through 245i.

I'm not too good with employment applications but....

I think the motion will be denied if the same employer doesn't hire him back OR he finds a new employer doing the exact same thing if Ac21 can still apply ! I also wonder if he knew he was going to be taken off the job and why didn't he try getting the exact same job using Ac21 portability ?


On cancellation of removal,It is actually "Exceptional and extremely unusual hardship" which is actually more difficult to prove than just "extreme hardship".Depending on what is specific to your Sister's situation,country of origin and her parents situation in general it is worth a try........but still very difficult to have approved and don't think language is enough of a hardship factor for Cancellation of removal !

On removal,I don't think you're in any danger of removal if it is based primarily on your Father's application but that would totally depend on what the removal order would say,wouldn't it ? I think if you're going to age out just ask your parents not to place your name on any application or benefit just in case and be on the safe side.

Trust me Ianus, he tried to get a job in the same field but after 20 months, he exausted all his savings and needed a job desperately. The motion to reopen is just like you said, my moms cousin is an IT guy and he will give him a job so that we can get our papers, and for the cancellation of removal, the spanish thing would be one thing but I think we would argue more of how Mexico is so dangerous nowadays and even bring in my grandma as one of the witnesses to show how bad it is down there. For the last part I have no idea. I'm definitely a beneficiary right now so I have no clue on what would happen there if a would age out or whatever. I'm a 245i grandfathered so I could just get a job with my degree and get my papers. The thing I'm worried about is being removed once I start college... that gives me nightmares. As a christian however, God has always provided for my family and has shown us miracles and I have faith that he will do so again so I'm not too worried.

Curious, how do you know you're 245i grandfathered? Did someone file a family petition for you before 2001? If so, why hasn't it been your turn yet? I can see how your dad might be 245i grandfathered and when he gets his green card you can get yours if you're under 21 but after 21 I think you'd have some problems.

And hey, just go with it and accept what happens. You have your faith. I am actually somewhat anti-religious since all these "good christian" republicans love nothing more than to make our lives harder (some would love to shoot us I'm sure), but you have to have hope that things will work out.

Since I am a derivative beneficiary of the I140 petition and his labor certification that was filed before April 31, 2001 I am 245i grandfathered and the process for the green card has gone on for 11+ years and there's a chance it won't get accepted.

^This was an employment petition and Mexico has retrogression issues under the US quota system for certain visa categories.He mentioned that he had a US sister ~11 years,therefore the petition could have been filed before the April 30th,2001 deadline by the employer I think.If his name was placed as a derivative on that application he would also be covered under 245i.

Mexicansoccer14,concerning when he was looking what amount of time was that during when he was employed.I also think Ac21 has limited time span as well.

You just have to look at the Visa Bulletin to see if you can get anything from your Dad.F2A timeline for Mexico + you current age=very close to being 21 !

Ianus, firstly, I do not get what you are saying in the last sentence. Please explain it in more detail. Secondly, since my father is 245i grandfathered, if they don't give him the green card from the motion to reopen which is 50% cause of ac21 then we would just file a new i140 with my mothers cousins job offer and just start new.

I think he meant to look at the visa bulletin to see when your dad's priority date might be coming up and see whether you'll be under 21 by that time.

Unfortunately the Visa Bulletin is unpredictable. Last year it was jumping 3 months for every month and my priority date looked like would happen in about 2 years at that rate. Then they retrogressed it and it's more like 5.5 years now. If it were more predictable people could make better decisions about their future.