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Filed: Other Timeline
Posted

I'm very confused about my situation, Any help will be appreciated !

My visa category is 3 (married daughter of a citizen)

I received the DS-3032, send the information by email, and got the information to make my payment in about 5 days...

Now, reading the instructions, I noticed that if you want to apply for AOS, you have to let them know before make the payment, and I did that!

Then, I went to a place who are supposed to help you with immigration questions, (been there many times since I started the whole process),

I entered into the States with a Tourist visa, and now they are telling me that I'm not eligible to apply for AOS ! that was really weird to me

cause, like I said, been asking for help at that office for many years, and I always though I was eligible. Can someone please help me??

Category 3 (married daughter of citizen)

Petition Received August 2001

Priority date July 2001

Country El Salvador

Filed: AOS (apr) Country: South Korea
Timeline
Posted

I'm very confused about my situation, Any help will be appreciated !

My visa category is 3 (married daughter of a citizen)

I received the DS-3032, send the information by email, and got the information to make my payment in about 5 days...

Now, reading the instructions, I noticed that if you want to apply for AOS, you have to let them know before make the payment, and I did that!

Then, I went to a place who are supposed to help you with immigration questions, (been there many times since I started the whole process),

I entered into the States with a Tourist visa, and now they are telling me that I'm not eligible to apply for AOS ! that was really weird to me

cause, like I said, been asking for help at that office for many years, and I always though I was eligible. Can someone please help me??

Category 3 (married daughter of citizen)

Petition Received August 2001

Priority date July 2001

Country El Salvador

You may have to wait another month or so to be your PD becomes current. People who have Priority Date on or before June 08, 2010 can only apply for AOS or Immigrant Visa according to the May 2010 Visa Bulletin by Department of State, Family Based 3rd Preference, Married Sons and Daughter or US Citizen. Your PD is July 2001 which is month after June. Check Visa Bulletin around May 15 for the Priority Date change for June 2010.

http://travel.state.gov/visa/frvi/bulletin/bulletin_4805.html

Filed: Other Timeline
Posted

Completely understand that I need to wait for my PD, But my question is : if my case is eligible for AOS? at this place that I went today, they told me that my case is not eligible ! They told me that since I entered after March 2001 , That disqualified me for AOS... Is that True?

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

what they told you is that you cannot AOS in the US, you will go through consular processing in your country of origin. Did your father already pay the $400 and $70 dollars, he is the one that should be receiving information from NVC.

you will have to leave the US for your interview, you will be denied because probably you've been living in the US for more than a year. then you will need to file the waiver and your father send a hardship letter.

the moderators should move this thread since you you aren't adjusting status in the US.

older children over 21 of a USC do not qualify to adjust in the US unless there is a special law or an immigration reform. there was a special law, the one you mentioned, the 245i ended on April 30th, 2001.

Filed: Other Timeline
Posted

what they told you is that you cannot AOS in the US, you will go through consular processing in your country of origin. Did your father already pay the $400 and $70 dollars, he is the one that should be receiving information from NVC.

you will have to leave the US for your interview, you will be denied because probably you've been living in the US for more than a year. then you will need to file the waiver and your father send a hardship letter.

the moderators should move this thread since you you aren't adjusting status in the US.

older children over 21 of a USC do not qualify to adjust in the US unless there is a special law or an immigration reform. there was a special law, the one you mentioned, the 245i ended on April 30th, 2001.

Thank you ! yeahh is what they told me, that implies stay in my country from 1 week up to 6 months , is what they said to me. Now I'm debating, if wait for a new reform or go ahead and continue with the normal process...

Filed: Citizen (apr) Country: Argentina
Timeline
Posted (edited)

Thank you ! yeahh is what they told me, that implies stay in my country from 1 week up to 6 months , is what they said to me. Now I'm debating, if wait for a new reform or go ahead and continue with the normal process...

Since you are from El Salvador and not Mexico, then the wait is more than 6 months for the waiver to be approved or denied. Your father would have to prove that he would suffer extremely if you and your family aren't able to return to the US and what the reasons are that your father cannot live in you country.

once you leave, you will have triggered the 10 year ban, so really think about it and think about if your father does have extreme hardship to overcome the ban.

Edited by aleful
Filed: Other Timeline
Posted

Since you are from El Salvador and not Mexico, then the wait is more than 6 months for the waiver to be approved or denied. Your father would have to prove that he would suffer extremely if you and your family aren't able to return to the US and what the reasons are that your father cannot live in you country.

once you leave, you will have triggered the 10 year ban, so really think about it and think about if your father does have extreme hardship to overcome the ban.

ok ! 10 years ban applies to people who entered with a visa?

Filed: Citizen (apr) Country: Argentina
Timeline
Posted (edited)

ok ! 10 years ban applies to people who entered with a visa?

it doesn't really matter how you entered.

In your case, the fact is, that you overstayed your 6 month visit for more than a year. If you overstay your visit more than the 6 months, but less than a year, you trigger a 3 year ban if you leave the country. but since you have overstayed your visit for more than a year, being here since 2001 undocumented, if you leave, you will trigger a 10 year ban, and need a waiver to overcome the ban.

The overstay needs to be forgiven, since you broke the law, and you missused your tourist visa. The purpose of a visitor visa is to visit not to live here.

I did the same thing, the difference is that I entered the country in 1999 with the VWP since I'm from Argentina. I also had a tourist visa and my last legal entry was Dec 2000. My USC mom filed a petition for me in October of 1999, so I barely made it to adjust in country under the 245i law. I was able to pay the $1000 fine and get my GC. If the 245i hadn't appeared, I would have had to go through the same thing you are going through now.

The only difference is that I'm divorced, no kids. So she filed for me as an unmarried daughter over 21 of a USC, the 1st category. Now I'm applying for citizenship.

Edited by aleful
 
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