I 797

[daru786 0]

Hello All,

Could someone please answer my question. My sister applied for me in 03/2001. I got a notice of action (says I am approved) in November2005. I was single that time and now married. My wife does not have legal status and we both are in USA. My former attorney told me that she will get her legal status once a visa number is issed to me.

Can someone tell me that his claim is true and do I have to add her name now in my already processed I-797 or will that be an automatic once a visa number is available to me.

I appreciat your help!!!!!!!!

[Otto 83]

What is your current immigration status?

What visa did your (now) wife enter the US on? (and when did it expire?)

[daru786 0]

We both are out of status and my wife entered US illegally.

[Dakine 26]

If you do get a visa it will take another 15 + or - years. If you have overstayed more than 180 days you are in deep dakine!

Unless laws are changed your wife is in deeper dakine!

You better get another lawyer!

Edited March 13, 2009 by Haole

[Otto 83]

We both are out of status and my wife entered US illegally.

So you are in an overstay status right now and your (now) wife has no legal status.

You should know - should you get some kind of legal status (and it is unclear what path you are on), your wife will not automatically become legal - no way, no how.

[aaron2020 11,651]

Go get a lawyer.

The law is not going to be kind to you. You cannot say "f**k you" to the law and then expect to benefit from it. It's likely that you and your wife will be denied because of your illegal status in the US.

If the law forgives what you did, then it would only encourage everybody else similarly situated to you to violate US immigration laws.

[daru786 0]

Here's whats interesting, my brother in law (my wife's sister's husband) applied for political asylum over 15 years ago. He was single at that time. Later he got married, his wife had deportion orders at that time but he still added her name. About a year ago his case got approved and now his wife was called for finger prints and was told that she will receive a EAD via US Mail. His wife came to US illegaly and never had legal status.

Now you tell me how in the world she is getting an EAD and not getting deported or a getting a 10 year ban ?

[aaron2020 11,651]

Will the system catch everyone who cheated the system? No. No system is capable of catching every cheater.

Hopefully, you will be as lucky as your brother in law. However, don't expect any sympathy from anyone on this board who is doing it the legal way. Because of illegal immigration, USCIS scrutinizes all applications very carefully and divert resources to enforcement which ends up slowing things for those of us doing it legally.

[daru786 0]

Let me say this, I did not expect nor asking for sympathy here from anyone here. I just wanted to know if someone has heard or gone through a similar exprience.

Now about your sermon about illegal immigration, I have been in US for the last past 19 years. My case was recently denied by immigration, reasons best known to them. I held a Regional Manager's position for a major US bank. I am not one of those who come here to cheat the system, find a US citizen, marry them or pay them to get married in order to get legal status.

Please don't be rude or harsh to people........

Thank You !!!!!!!!!!

Edited March 14, 2009 by daru786

[Otto 83]

Let me say this, I did not expect nor asking for sympathy here from anyone here. I just wanted to know if someone has heard or gone through a similar exprience.

Now about your sermon about illegal immigration, I have been in US for the last past 19 years. My case was recently denied by immigration, reasons best known to them. I held a Regional Manager's position for a major US bank. I am not one of those who come here to cheat the system, find a US citizen, marry them or pay them to get married in order to get legal status.

Please don't be rude or harsh to people........

Thank You !!!!!!!!!!

Am not a huge fan of the political side of immigration - that's why I try to stick to just the facts.

Unfortunately there really aren't enough facts here (in your posts) - For example, you said you were approved (for Adjustment of Status) years back but then (now) are out of status. To back up a bit - what happened to your status? (I assume you had a PR/Green Card, but I could be wrong on that.)

[daru786 0]

I had applied through catholic social services two decades ago. I was given a temporary approval and an EAD. 19 years later the denied my application and now I am out of status. While all this was going on my sister filed an I-130 in year 2001.

Karin, I really appreciate your approach and your expertise/experience. I don't think that people should be rude to anyone, now matter what theri circumstances are. No one knows who is going through what!!

[FRJ 0]

I had applied through catholic social services two decades ago. I was given a temporary approval and an EAD. 19 years later the denied my application and now I am out of status. While all this was going on my sister filed an I-130 in year 2001.

Karin, I really appreciate your approach and your expertise/experience. I don't think that people should be rude to anyone, now matter what theri circumstances are. No one knows who is going through what!!

your story is all over the place and i think that's why ppl are confused. first you said your sister filed for u., now u say you used catholic charities? and how did you receive the temporary status? also , in terms of your sister in law, just because she received the EAD and biometrics, doesn't mean that its smooth sailing from there. uscis rarely makes mistakes...