This Is My Story....and I'm New To This Forum :p

Hi. My name is Axel. I was born in Mexico and came to California when I was 1 year old with my mother and brother. While in the states, my mother had a son and got married. That didn't last long. She then married someone else who is the greatest stepfather I've ever had! He was a Permanent Resident who just bacame a US Citizen about 5 months ago. My mother got married with him back in 2001, and my stepfather petitioned for all 3 of us, excluding my younger brother who was born in the US. Everything seemed to go well. My petition was approved in 2005. Now my case was approved on December 13, 2007. That's when everything is ready and you get to leave the country and go to Ciudad Juarez for your immigration interview. Today was my first day of school and the saddest first day of school news after getting home.


My stepdad had an appointment with immigration today. They told him that I couldn't fix until my mother gets fixed. She's done time with the law for many things...and the biggest one was drug possesion back n 1996. She did her time and stuff. Today they told my stepdad that the only way I would be able to get fixed was if my mother got fixed first since we re both under the same petition. She's done many mistakes and it will require her to get an attorney and fight for her case. They also told him that either or I have to get married. Or wait about 10 years. Now I don't know what's gonna happen.

The best choice I can think of would be going to Canada. I mean, I have nothing in Mexico. All my life I've been here in the U.S. and going to Mexico and live there is just not fit for me. I know nothing about Mexico. I could take the immigration exam and probably pass it. My best choice is to go to Canada. I heard they accept people over there. I will be better off in Canada I think. At least they wont turn me down. I've heard of many people who go to Canada and they get immigrated there. If I do that, I can just get a visa and work in the U.S. or in Canada. I don't think I have another choice. Marriage for me is not an option. I don't wanna get married just for papers. I'm a believer and I know that marriage is sacred. I don't wanna get married for the wrong reasons.

I have done all my schooling here, K-12. As well as 2 years of Community College and am waiting on my Associates Degree in Business Studies which should arrive this August. Today was my first day at the University where I transfered. But everything seems to end there. I don't know what to do now. I mean, why should the CHILDREN pay for their parent's acts? I have not done anything illegal here, except cross the border. I have never worked. I've been dependent on my Stepfather and my church organization. My older brother got married and he's getting immigrated by his wife who is a born US Citizen. They have a 1 year old son. My younger brother has everything since he was born here. It sucks having to depend on people. the Dream Act will surely change my future! Why can't people just pass the bill! I'm not a Democrat, but I hope Hillary Clinton wins. Maybe with her in office, immigration will be a different story, and the Dream Act will take action.


Does anyone know what I can do? Do I have any options? Please give me feedback.

Mmmm...if you were under 18, then he could adopt you, but it looks like you've passed that age. So, yeah, to get fixed through your stepdad, you have to wait until he fixes your mom's status.

As for going to Canada, it's possible, but difficult. The one thing that will get in your way is that you lack relevant work experience in your skill set. And if you go to Canada, don't think that your new Canadianness is going to allow you to travel back and forth. The second you step foot on foreign soil, you will be banned from the country for ten years. Pretty much the only way you'd be able to get in after that would be if your mom petitioned for you as a permanent resident, which would take several more years--you would never be able to come as just a visitor. Also remember that in most cases you would have to return to Mexico to have your interview to immigrate to Canada, so you would be leaving without knowing for sure that you would be able to immigrate there.

I would say your best chance is to wait for Dream. It will be another couple of years at most, but maybe even less if we work our asses off for it.'

Welcome to DAP.

Sorry to hear that. Criminal backgrounds are always no-nos in the eyes of immigration especially drug possession which is a felony in all states. Unfortunately, there is little that your mother can do. Since the recent crackdown on illegal immigration, aliens with criminal histories are emphasized to be deported regardless of the severity of the crime.

You have many options that doesn't include marriage or moving to Canada. You said that your petition was approved and now you can't get a green card because you're under your mother's petition. That doesn't make a whole lot of sense to me. I have some questions for you.

When did your stepfather file the petition? Do you remember if it was before April 30, 2001?

Are you listed as a dependent on your mother's petition? Or did your step father file a separate petition for you?

Because the only way you can be denied status is if you are dependent on your mother's petition. In which case, your petition couldn't possibly have been approved in 2005 because then your mother's petition would have also been approved.

RahmanIV:

My stepfather filed for me before April 31, 2001. But my priority date is May 25, 2001, which doesn't make sense if USCIS received my file on April 20, 2001 and we have proof since we sent all our stuff Certified.

I don't see anything in the forms that have to do with dependent. All I know is that my stepfather filed different petitions for all 3 of us. He did separate but all at the same time.

And actually, my mother's petition was also approved in 2005. Her priosity date is April 16, 2001. Mine is May 25, 2001.

My stepdad has another appointment with immigration on Thursday. They asked him to bring some papers with him. So I don't know what they're going to tell him.

I will be turning 21 in 2 months, which I'm excited and at the same time I'm not.

My stepdad just told me that he filed everything as a family. He filed the I-130 which is for family.

That is excellent news. Your file has reached USCIS before April 30, 2001. Thats all that matters. The priority date is just the date that a USCIS officer opened your application (yeah it took one month for it to work its way up from the mailroom). It is very important that you retain that certified receipt. I cannot emphasize how important that certified receipt is. It is Mission Critical.

If your stepdad filed a separate petition for you, then you should be fine. So someone at immigration is telling you that you can't adjust status despite having a different petition under your name? Either they don't know what they are talking about or they are lying. I strongly recommend that you get an immigration lawyer. It sounds like immigration is intentionally trying to deny you a visa.

Don't worry about turning 21. In 2002, a new law was passed that protected children's immigration status as long as a petition was filed before the child turned 21. You can read up on it. Its called the Child Status Protection Act. Google it.

Get a lawyer, someone is trying to screw you. If you live in L.A., then contact Carl Shusterman. He is a very well known and nationally respected immigration attorney.

Ok then there is very little you can do. I know the I-130 form. So you're listed as a dependent from your mom's petition on the I-130. Yeah, so until your mom gets status, then you can't be approved.

There is another option. Since your stepdad already listed you as a dependent on your mom's petition, there is nothing your stepdad can do now. What he can do is file a separate petition for you after you turn 21. I don't know how much you know about 245(i) but you are "grandfathered" under 245(i). Again, read up on it. That means that your stepdad can file an independent petition for you, separate from your mother. Once you turn 21, your stepdad can file a petition with your name on it. Include copies of this original petition to demonstrate that you are grandfathered in, which would allow you to retain the priority date of May 25, 2001.

I strongly recommend talking to an immigration attorney. He/she can get you started on this process immediately. Your situation is very good and it seems that things will work out for you.

Hmm...I thought your priority date would have to be within the April 30, 2001 date to be eligible under Section 245(i). But he did file before April 2001. They told him that even though my mother can't get fixed, I probably can, but it will require me to go to Ciudad Juarez and something about a 6 month to a 1 year punishment. Either way...I don't know...but if that's the case...I can just study abroad in Mexico, since I know my school has some ties with some Universities in Mexico.

I'm so glad for this forum! Y'all are really helpful!

There is no 6 month to one year punishment...there is a three year or ten year one. Three years if you have been illegally present in the country for 6 months after the age of 18, and 10 years if you have been illegally present for a year.

Actually the law says that the petition has to be postmarked by April 30, 2001. Your Certified Mail Receipt proves that it was. Thats why I said to treat that Receipt like its your lifeblood because, well, it is.

You can't accept going back to Mexico because as soon as you step outside this country, you will be barred from entering it for 10 years. That is if you were undocumented for more than a year after turning 18. If you were undocumented for more than six months to a year, then the punishment is a 10 year ban. If you were undocumented for less than six months after turning 18, then the punishment is 3 years. Unless you want to spend 3-10 years in Mexico, you cannot set foot outside the borders of this country.

In all reality, if you were undocumented at any time, even if you were less than 18, the U.S. embassy will deny your visa.