Approval Notice?

[RobyA 0]

I recently got this from USCIS its the answer to my I130 application it says

"The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible for adjustment of status application."

What?

I came to the US when I was 8 years old (illegally, Mom brought me -I didn't know any better-). My husband is a US citizen and we have been married for a year now. Where together for 2 years prior. This is a legitimate marriage. So, now I'm confused as to what this means.

[Darnell 8,479]

If the petitioner was truthful on the I-130 petition paperwork,

then yer illegal presence in USA is noted at USCIS.

Suggest you study the forums over at http://www.immigrate2us.net/ much on Sunday, try to figure out if it's possible to somehow file the I-485/AOS package, or not.

Good Luck !

*** not a K-3 visa question, moving to AOS/tourist forum, for wider exposure ***

[JimVaPhuong 4,863]

I recently got this from USCIS its the answer to my I130 application it says

"The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible for adjustment of status application."

What?

I came to the US when I was 8 years old (illegally, Mom brought me -I didn't know any better-). My husband is a US citizen and we have been married for a year now. Where together for 2 years prior. This is a legitimate marriage. So, now I'm confused as to what this means.

You entered without inspection. That's why you're not eligible to adjust status, even as the spouse of a US citizen.

[sheenaspapi 18]

This is a legitimate marriage. So, now I'm confused as to what this means.

Legitimate, yes but legal, no.

[Used to be broken 147]

I recently got this from USCIS its the answer to my I130 application it says

"The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible for adjustment of status application."

What?

I came to the US when I was 8 years old (illegally, Mom brought me -I didn't know any better-). My husband is a US citizen and we have been married for a year now. Where together for 2 years prior. This is a legitimate marriage. So, now I'm confused as to what this means.

It means you have brought yourself to the attention of the government and now are potentially expecting a ICE visitor at your doorstep any day now.

It also means you are going to probably have to spend some money speaking to an Attorney, which should be a good one who is a member of AILA and deals with I601 waivers. The USCIS is now allowing some people to adjust status in the US, but its risky because you have to enter into proceedings first and then ask for cancellation of removal. DO NOT ATTEMPT THIS WITHOUT AN ATTORNEY.

Don't fill out anymore paperwork on your own, don't leave the country and don't go anywhere near Arizona or any border crossings or take any greyhound bus rides or plane rides where you travel into an international airport until this is resolved.

Good luck

[VanessaTony 3,567]

You entered without inspection. That's why you're not eligible to adjust status, even as the spouse of a US citizen.

Agreed. They approved the I-130 which you could use when you leave the US to apply for a visa... BUT leaving the US enacts a ban depending on how long it's been since you turned 18 and 6 months. If you're caught and deported (which is possible as well) you will get an automatic 10 year ban.

You will need to find a good immigration lawyer and find out what they suggest you do based on your specific case. There are waivers you can apply for for the ban (hardship waiver etc) and it will be a LONG road. Unfortunately there is no simple way to adjust status when you entered without inspection (EWI)... an immigration lawyer will be able to give you all your options.

Good luck.

Edited October 10, 2010 by Vanessa&Tony

[RobyA 0]

Sounds grim. But I guess this is the price you pay. The fact that I had no say in it makes me quite depressed. After all I was just a kid. I grew up here, Graduated high school, Started community college -still attending- . All with the hope that all my efforts would pay off eventually. I even donate blood on a regular basis. Luckily I have a loving husband and is willing to move to a different country if necessary. I hope it doesn't come to that. I love my life here. We shall see how it goes...

Thank you all for your quick responses.

[Done--Really 331]

There is always the possibility that the DREAM Act will pass after the elections--no promises of course, but at least get familiar with it.

http://dreamact.info/students

[canadian_wife 1,829]

Don't plan your life around the DREAM act

Since you entered the US illegally (without inspection) there is not a way to adjust status. Since you also entered illegally, you're facing a ban as well.

immigrate2us.net is a good place, so is Laural Scott, she is an immigration attorney that specailizes in inadmissability and she offers a free chat on Wednesdays at scottimmigration.net

but no, you cannot adjust status since you do not have legal status to adjust from

Good luck

[JimVaPhuong 4,863]

Sounds grim. But I guess this is the price you pay. The fact that I had no say in it makes me quite depressed. After all I was just a kid. I grew up here, Graduated high school, Started community college -still attending- . All with the hope that all my efforts would pay off eventually. I even donate blood on a regular basis. Luckily I have a loving husband and is willing to move to a different country if necessary. I hope it doesn't come to that. I love my life here. We shall see how it goes...

Thank you all for your quick responses.

Were you physically present in the US on December 21, 2000? Is there any chance that anyone filed an immigrant visa petition for you before April 30, 2001? If both of the above are true, you may be able to adjust status based on section 245(i) of the INA. This was the last time any sort of 'amnesty' was available.

If the above does not apply, then the only other options are asylum and VAWA. The chances of getting an asylum application approved are close to zero, especially for an immigrant from Mexico. VAWA would require you to have been abused by your husband.

Aside from the above, there aren't any other viable ways that an EWI can adjust status under the current law. By all means, consult with an immigration lawyer. If they are honest, they'll tell you the same thing. If they aren't, they'll attempt to extract a lot of money from you before ultimately failing to get you a green card.

An approved I-130 means you are eligible to apply for a spousal visa. You'd have to leave the US and return to Mexico in order to do this. Leaving the US will start the clock on the 10 year ban. When you apply for the visa at the US consulate it will be denied because of the 10 year ban. Your husband can then submit a hardship waiver request to have the ban waived, and allow you to get the visa. These waiver requests are usually processed quickly in Mexico. If you decide to go this route, I strongly recommend your husband hires an attorney with extensive experience with the I-601 waiver.

If, on the other hand, you choose to remain in the US then you will remain an illegal alien unless the law is changed.

[Done--Really 331]

Totally agree that no one should plan their life around the DREAM Act, but we will know shortly after the elections if there is a decent possibility of its passage or not, so leaving the country before we know that would not make sense. If it becomes clear that it will not pass yet again, then you can make the decision about leaving, and on the other hand, if it looks like there is growing momentum, then wait it out before doing anything rash. Good luck !!!

[RobyA 0]

I have been waiting for the Dream act for a long time now. I have Been in school -here- since 1993. Graduated H.S. 2003. Truthfully, I don't think the Dream Act will ever become a reality. I know of some people that have entered without inspection that have successfully become residents. I guess it's just a matter of finding a good attorney now.

Thanks again.

[Brother Hesekiel 2,236]

I actually think the Dream Act is among the things that definitely will make it into comprehensive immigration reform. Maybe slightly modified, especially in regard to the eligibility age (currently 35), but in its core aimed to provide children who were dragged into this country by their parents without any wrongdoing on their own, a pathway to lawful residence.

[JimVaPhuong 4,863]

I have been waiting for the Dream act for a long time now. I have Been in school -here- since 1993. Graduated H.S. 2003. Truthfully, I don't think the Dream Act will ever become a reality. I know of some people that have entered without inspection that have successfully become residents. I guess it's just a matter of finding a good attorney now.

Thanks again.

Do not be fooled by attorney's promises. Even the best attorney cannot help you adjust status if there is no basis in law that would make you eligible to adjust. Most EWI's who have successfully adjusted status have used 245(i). As I stated above, you must have been present in the US on December 21, 2000, and someone must have submitted an immigrant visa petition on your behalf before April 30, 2001.

Be careful of attorneys who say they can find a way around the law. They either know damned well they can't help you and are just attempting to drain you of money, or they intend to file a fraudulent application for which YOU will receive a lifetime unwaiverable ban if it fails. I live in Northern California, and this area is filthy with dishonest immigration lawyers. I hear the horror stories all the time...

I agree with you about the DREAM act. The mood in the country now is definitely against any form of amnesty. The Republicans unanimously defeated Harry Reid's latest attempt to wedge the DREAM act into a defense appropriations bill, and the Republicans are likely to increase their numbers after next month's election, and possibly even become the majority in the Senate. Immigration reform was a signature campaign issue for President Obama, and the Republicans aren't going to hand him anything he can claim to be a victory. The Republicans will become more amenable to immigration reform and even limited amnesty if they can remove President Obama from office in 2012. I wouldn't hold out any hope of any significant changes in the law before then.

If you're tempted to give your money to an attorney, your best chances by far are to hire an attorney who is experienced with I-601 and I-212 waivers, and then go to Mexico and apply for the visa. Submit your waiver application as soon as the visa is denied. You'll get a green card a heckuva lot faster than you will by waiting for the DREAM act or any other amnesty program.

[MrandMrsE 0]

just curious... how were u able to attend school being that u are illegal ?