I received this letter...

[aleful 1,905]

I just consulted with an immigration lawyer online and she told me that we should not go to the interview because my sister cannot adjust her status because she is here illegally, that she will never be able to adjust, is that true??

also, I was born with a midwife and the lawyer says that the interview might be to question my citizenship as well.... I'm too scared!

How do I know if the i 130 was approved or not?

I filed the petition in 2003 not 2004 sorry...and i only received a letter stating that the petition was received

you would have received another letter stating that the i130 was approved. but what they do want to check is that first you are indeed a USC, with passport and proof of birth. since you were born by a midwife they might question that. when you sent the i130 and the proof that you sent, it was't a birth certificate from a hospital, right?

and second they might deny her i130.

it's bad whether you go or not

[beenwaiting 0]

you would have received another letter stating that the i130 was approved. but what they do want to check is that first you are indeed a USC, with passport and proof of birth. since you were born by a midwife they might question that. when you sent the i130 and the proof that you sent, it was't a birth certificate from a hospital, right?

and second they might deny her i130.

it's bad whether you go or not

I sent a copy of my original birth certificate and took the original when my parents were given their GC and they never questioned it then. I have a birth certificate like everyone else filed with the city just like any other except it says that i was born with a midwife. THe birth certificate was filed with the city vital statistics a few days later after my birth it's not like it took years...honestly I do not know what to do...im really scared...the attorney even said that they can go back and look at my parent's files and see HOW they were approved a GC if my citizenship is in question....

I sent a copy of my original birth certificate and took the original when my parents were given their GC and they never questioned it then. I have a birth certificate like everyone else filed with the city just like any other except it says that i was born with a midwife. THe birth certificate was filed with the city vital statistics a few days later after my birth it's not like it took years...honestly I do not know what to do...im really scared...the attorney even said that they can go back and look at my parent's files and see HOW they were approved a GC if my citizenship is in question....

I haven't gotten a passport cus i have never traveled out of the country and well i know they are giving ppl who were born with midwives a hard time to get their passport i just don't want to deal with it...

[JimVaPhuong 4,863]

I just consulted with an immigration lawyer online and she told me that we should not go to the interview because my sister cannot adjust her status because she is here illegally, that she will never be able to adjust, is that true??

also, I was born with a midwife and the lawyer says that the interview might be to question my citizenship as well.... I'm too scared!

Good point. Thanks for bringing that up. I'd completely forgotten about that!

Ok, normally, an AOS applicant must maintain their lawful presence while in the US in order to be eligible to adjust status. However, this requirement specifically does not apply to an immediate relative of a US citizen. For the purpose of immigration, an "immediate relative" includes spouse, unmarried children under 21 years old, and parents. Your parents adjusted as immediate relatives of a US citizen. Their visa category was IR5.

Your sister is not an immediate relative for immigration purposes. Her visa category is FB4. The requirement to maintain lawful presence would apply to her. Since she's unlawfully present, she can't adjust status in the US based on your petition. Who knows - maybe she'll fall in love with a US citizen, get married, and then qualify as an "immediate relative". Stranger things have happened...

It appears you've figured out what the interview is about.

[Darnell 8,478]

If the beneficiary of this petition is in the United Stes, then he/she should appear for this interview.

'Should' is not the same as 'must'.

Just keep that in mind when yer formulating yer plan of attack.

Strongly suggest you review http://www.immigrate2us.net/ and STUDY STUDY STUDY the posts there in that forum.

Edited October 7, 2010 by Darnell

[Otto 83]

** Duplicate/Parallel Topics Merged (will appear out of sync because of this).