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DAP Forums > DREAM Act > The Lounge

EWI [another post]

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#1
03-23-2010, 11:14 PM
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Mishiii
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So Ive posted a same post like this before and said my parents are both citizens and I'm an EWI.
like to you it made no sense to me..
and its still iffy but from what my dad told me when they were going through immigratin my mom completely changed her name and they registered no kids therefore i can't get my papers straightened out (i dont know if this makes sense or if this is the whole story)

So is there any hope for me besides the dream act?
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#2
03-23-2010, 11:48 PM
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Hi Mishii,you should focus more on your parents instead of the Dream act.It doesn't matter if you were registered with immigration or not as they can still file the appropriate immigration paperwork to make you legal in the US.

Under US immigration law,you are related to your parents as an immediate relative to US citizens,which means a visa number would be immediately available regardless of if your parents registered you with USCIS/INS or not.If they are on your birth certificate that is all the proof that is currently needed to move forward with an I-130 which they would have to file on your behalf.

You can further check the government website itself that explains the process as it relates to you.


You should also further check this out.All the information is directly from USCIS.

Quote:
Once an alien goes out of status, he or she is "unlawfully present* until the Service
restores status or he or she leaves the United States. Service policy governing restoration of status will be disseminated under separate cover.
Section 212(a)(9)(BXüi) enumerates instances in which an alien does not accrue "unlawful
presence" for purposes of section 212(a)(9)(B):
1. Time in which an alien ii under 18. years of age
2. Time during which an alien has a bona fide applkarion for asylum the alien was employed without authorization during the period that the
application was pending)
3.Time during which an alien is a beneficiary of family unity protection
4 For those admitted or paroled - time during the pendency of a non-frivolous
application for change or extension of status (up to a maximum of 120 days)
5, Those who qualify as a battered spouse or child as provided in section
212<aX9XBXüi)(IV) of the Act.
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#3
03-24-2010, 01:28 AM
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gebodupa
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Please, you must speak to a lawyer, and bring your parents with you so they can explain everything that they had done wrong, to him. If I remember correctly from your last post, you are still under the age of 18 and you still have this amazing chance to get your legal status fixed, please, for the sake of all the people who are waiting for the Dream Act. don't let it pass you by.

What your parents are doing is completely, utterly ridiculous and, frankly, it disgusts me. Your parents are USCs, and the first and foremost thing they should care about is providing you with an opportunity to lead a full life, whether it is by making sure you're healthy, fed or making sure of something as intrinsic as you having a chance to one day lead a normal successful life or even something as simple as being able to legally drive a car.
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#4
03-24-2010, 06:08 AM
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luvsherry
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ditto. listen to what those guys are saying. i hope your parents aren't doing this on purpose or something. contact a lawyer pronto and start filling those forms. good luck!!
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#5
03-24-2010, 12:49 PM
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Speak to a lawyer! If your mom changed her name, that sounds a bit fishy... therefore making me wonder why she did it? and how she would now be able to prove you ARE related if her other name is on your birth certificate. How did they get citizenship?
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#6
03-24-2010, 05:46 PM
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Quote:
Originally Posted by hef107 View Post
Speak to a lawyer! If your mom changed her name, that sounds a bit fishy... therefore making me wonder why she did it? and how she would now be able to prove you ARE related if her other name is on your birth certificate. How did they get citizenship?
Well....if there is doubt USCIS can ask for a blood test on US soil so that wouldn't be an issue & if the Mother changed the name the father can still petition as he is also a US citizen.
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#7
03-24-2010, 10:49 PM
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Mishiii
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Thank you everyone for replying.
but I have talked to it with my dad and said i can get petitioned under you. but he says I cant so theres probably another side of the story he's leaving out.
so i dont know ...
and i dont think they want to get a lawyer or any kind of help because theyre scared of the consequnces for bringing me here illegally.
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#8
03-25-2010, 12:07 AM
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Mishii, contact my lawyer like I told you earlier. You guys don't have to hire her but maybe she can help to guide you and your parents. Remember she said that your parents wouldn't face any serious consequences.

Please don't give up.
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#9
03-25-2010, 02:45 AM
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Quote:
Originally Posted by Mishiii View Post
Thank you everyone for replying.
but I have talked to it with my dad and said i can get petitioned under you. but he says I cant so theres probably another side of the story he's leaving out.
so i dont know ...
and i dont think they want to get a lawyer or any kind of help because theyre scared of the consequnces for bringing me here illegally.

just talk to a lawyer.. there are many loop holes.. maybe you have a chance.
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#10
03-25-2010, 02:57 AM
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Quote:
Originally Posted by Mishiii View Post
.........and i dont think they want to get a lawyer or any kind of help because theyre scared of the consequnces for bringing me here illegally.
The consequences would not be prosecution in fact,I'm sure they[USCIS] would completely understand & it is not like your parents can be deported as they are completely immune from it as US citizens.

Countless people come across the US border daily as EWIs & then become legal in the US some way somehow,whether by returning to their country of origin or by being covered under 245i & I have never heard of the US government prosecuting them in any case.The main things I know the government will prosecute is immigration fraud & willful misrepresentation as it relates to immigration benefits.

I also don't understand why your parents would be so dutifully neglectful toward an opportunity where if you went back to your country of origin & then return to the US you would then becoming in Legally not as an EWI......... so everything is reset plus you got a green card at this point.I fail to see any possible consequences in this matter,but if your parents are unwilling I guess nothing can be done.
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