I-485 Problem, advice please.

[Triniqueen 0]

Hello Everyone, I have a dilemma and I hope that you guys could give me some input.

Here is my situation in a nutshell.

My mom came to the US in 1990 and she was sponsor by her employers, since I was a minor at the time I received my EAD card and my Social Security Card (only valid for work) she filed I-130 and I-485 for me as well. Well, I’m not sure what happened with her employment based case ( If it was denied, or closed, or she just abandon it) she married her boyfriend ( a USC) of 8 years about 5 years ago and filled I-485 and I-130 under Family-based category. She and her husband had their interview and she received her Green Card about 2 years ago.

I got married about 2 years to a USC and I am currently filling my I-485 and I-130, on the I-485 form one of the questions asked

“Have you even applied for permanent resident status in the U.S?”

“If yes give name, date and place filled and final disposition”

My question is how should I answer this question since I am unsure about what the final disposition is?

Should I just check yes and put the name and date where the form was filled and but Final Disposition UNKNOWN.

Any advice and input would be great you guys... Thank you.

[Kez/JWolf 6]

First off I would find out from your mom what happened to your original case.... and yes you should tick YES and give as much details as possible...

You could be looking at a 16 year overstay... you may want to check everything out with a immigration lawyer before you submit anything....

Kezzie

[eau_xplain 2]

First off I would find out from your mom what happened to your original case.... and yes you should tick YES and give as much details as possible...

Yes, you need to get info on what happened to the first I-130 and I-485 that was filed. If you can, try to get a copy of the application/forms/evidence that were submitted.

You could be looking at a 16 year overstay... you may want to check everything out with a immigration lawyer before you submit anything....

Just some points for clarification:

1. A minor does not accrue overstay until 6 months after his/her 18th birthday;

2. The OP had legal status while the first I-485 filed by her mom was pending. She lost such legal status (as adjustment applicant) the moment her mom abandoned their case.

Lastly, Triniqueen, as soon as you have the details on that I-130 and I-485 that were filed, you may file your own I-485. It would be worth going through the details of the old application with an immigration lawyer in order to determine how it would impact a new application filed by you (as spouse of a USC), if any. The only impact your overstay (whether by 16 years or less) would have is that you should not file for Advance Parole and never leave the US until you get your green card.

[Triniqueen 0]

First off I would find out from your mom what happened to your original case.... and yes you should tick YES and give as much details as possible...

Yes, you need to get info on what happened to the first I-130 and I-485 that was filed. If you can, try to get a copy of the application/forms/evidence that were submitted.

You could be looking at a 16 year overstay... you may want to check everything out with a immigration lawyer before you submit anything....

Just some points for clarification:

1. A minor does not accrue overstay until 6 months after his/her 18th birthday;

2. The OP had legal status while the first I-485 filed by her mom was pending. She lost such legal status (as adjustment applicant) the moment her mom abandoned their case.

Lastly, Triniqueen, as soon as you have the details on that I-130 and I-485 that were filed, you may file your own I-485. It would be worth going through the details of the old application with an immigration lawyer in order to determine how it would impact a new application filed by you (as spouse of a USC), if any. The only impact your overstay (whether by 16 years or less) would have is that you should not file for Advance Parole and never leave the US until you get your green card.

I spoke to my mother, and she does not have any of the paperwork or forms, (she had a lawyer at the time who did the paperwork for her, and he was a bad money-hungry lawyer so she fired him) she said she thinks the case was denied because she missed the interview and she did not appeal the decision because she was moving out of state and engaged to her boyfriend (the USC) and was planning for filled a Family based I-485 and I-130. I don't think I can get information from the Lawyer since it was a few years ago, and he and my mother were on bad terms at the time, plus I live in Arizona and the lawyer is in NY..