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DAP Forums > Other Topics > New Members

here is the story of a girl.

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#1
03-21-2008, 08:11 PM
Junior Member
From sulphur springs, texas
Joined in Mar 2008
3 posts
maricela10
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here is my story..
my parents moved me and my brother from
mexico to the US in 1989.
i was seven months old. and i didnt know any different.
i have been here since then..i graduated high school in 2006.
tried going to college..i didnt get much help so i had to stop going.
i have been trying to figure out a way to adjust my status
without having to leave the country.
i dont work because i have no ssn or work permit or anything(like an id)
i do have a fiance but were not ready to get married.
which he is a US citizen..so hopefully then it will work out.
but i need to be able to find a job since i live with him..and
we cant make on his income..
i would love to see who could help me
thank you in advance.
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#2
03-21-2008, 09:14 PM
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laneDearIhope?'s Avatar
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I don't get it your living with him but your not ready to get married?
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#3
03-30-2008, 06:03 PM
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From sulphur springs, texas
Joined in Mar 2008
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maricela10
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were not ready for such a commitment..im just living with him because my parents kicked me out not by choice
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#4
03-30-2008, 06:55 PM
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Did you have any immigration related applications filed with USCIS/INS prior to April 2001 ?

The reason I ask is because I'm trying to see if you're eligible for 245i which would allow anyone who has overstayed or entered illegally to adjust their status within the United States.If the answer is no,you'll have no choice but to adjust outside the United States or wait for some sort of reform to pass the Congress such as the Dream act.
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#5
03-31-2008, 05:18 PM
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mgonza02
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Hey Ianus,
My mom had an application put in by her brother who is a U.S. citizen before April 2001. Do I benefit from this? If so, how? I have asked a couple of lawyers these questions on line and they don't reply. Maybe you can help. (maricela10, sorry for asking these questions on your tread, but when I read the "prior to April 2001" part I just had to ask)
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#6
03-31-2008, 08:35 PM
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RahmanIV
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Quote:
Originally Posted by mgonza02 View Post
Hey Ianus,
My mom had an application put in by her brother who is a U.S. citizen before April 2001. Do I benefit from this? If so, how? I have asked a couple of lawyers these questions on line and they don't reply. Maybe you can help. (maricela10, sorry for asking these questions on your tread, but when I read the "prior to April 2001" part I just had to ask)
Hey, I'm guessing that your uncle put in a petition as a relative. If you are listed (if your name is listed on the alien dependents section) on your mother's petition, then you are covered by the petition. In that case, you can apply for your own residency (through marriage, employment, DV lottery) at anytime.
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#7
04-01-2008, 12:50 AM
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^^Hi mgonza02,RahmanIV is spot on.If your name is on the application as a derivative,you definitely qualify for 245i.

When making any Residency application USCIS always place the burden of proving ones case on the applicant,including for 245 i as well.If you can make copies of your Mom's application that was filed to prove you're 245i eligible you can pursue almost ANY qualified US residency application on your own merit.
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#8
04-01-2008, 09:58 AM
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mgonza02
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Hey Ianus and Rahman IV, thanks for answering my question. I'm pretty sure my name is on the application because my uncle asked for my birth certificate when he filed for my mom. A couple more questions... Do I have to wait for my mom's petition to come through in order for me to apply for my residency or can I do something now? Does the fact that I have my Bachelors help my situation? If so, how? Thanks guys.
P.S. The members of this forum should charge for giving immigration advice because you guys sure know wayyyyyyy more than some of the lawyers I have PAID!!!!!!!
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#9
04-01-2008, 02:55 PM
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Hi mgonza02,You maybe sure that you're on the application,but USCIS will still ask for proof that you're 245i eligible & having a copy of the original application is the only way I know one can prove such a thing.
Quote:
Do I have to wait for my mom's petition to come through in order for me to apply for my residency or can I do something now?
It depends,if you're talking about specifically getting your residency through your Mom's application then you'll have to wait until her application is approved first which could take 11 + years depending on which country your Mom is from,PLUS the time it would take for your application.The beauty of 245i eligibility is that you can do something now in that if you qualify for any of the other Residency based applications.
Quote:
Does the fact that I have my Bachelors help my situation?
Actually it helps.If you can find a willing employer to sponsor you in the field that you graduated in you'd be placed in the EB3 category.Visa availability time-lines vary by which country you're from & this is governed mainly by the monthly Visa Bulletin which is released by the Department of State.
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#10
04-10-2008, 11:58 PM
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Quote:
Originally Posted by Ianus View Post
Did you have any immigration related applications filed with USCIS/INS prior to April 2001 ?

The reason I ask is because I'm trying to see if you're eligible for 245i which would allow anyone who has overstayed or entered illegally to adjust their status within the United States.If the answer is no,you'll have no choice but to adjust outside the United States or wait for some sort of reform to pass the Congress such as the Dream act.
Ianus, i know you mean good in giving immigration advice...but wut you just said isn't accurate. Let's say someone marries a U.S. citizen after overstaying a visa for many years. One can easily adjust their status inside the country. These are 2 different laws protecting different circumstances. Just making sure people aren't getting wrong information. Regardless, always consult a lawyer!
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