Approval Notice?

[RobyA 0]

I think the thing that breaks my heart is; I have always been/tried to be a good citizen. I have never gotten in trouble, Haven't worked illegally, Volunteer and do what I can to help my community. While my sisters where born here, so they have full citizenship and rights. Now they are 15 and 16 and causing problems. My 16 Year old sister had a baby when she was 14 -a month from turning 15- and my youngest one is always in trouble and skips school all the time. They will be lucky if they graduate high school. I do freelancing -fixing computers for cash- and have payed cash at the community college. Class for class and its taking forever not being able to work. I'm 25 and can only afford 1 or 2 classes per semester -book are expensive!-. I wouldn't ask for loans or anything. I would be fine working and keep paying my way through it.

I'm glad I met my husband. We where dating for 2 years before we got married. We are really responsible people and we don't want kids anytime soon. We want to travel and experience the world around us. We just want to have the choice to live, work and make something of ourselves. This is the only life I know. I grew up here. I hope there is a way to fix this.

Answer to the school question:

In -I think- 1994 they had a ballot -187- which was going to cause everyone to go through an immigration screening before allowing people/kids to go to school and other public services. A lot of people went against it. Thanks to that I was able to go to public school. I can only go to community college, So even though I got into some schools, I wasn't able to go because private schools still do screenings. It was a low point in my life knowing that even if I was out of high school and ready for college I wouldn't be able to attend. I did make the most out of what I could and started going to community college (studying Japanese!). I was waiting for the Dream Act and hoping with all my might that it would pass but year after year... still hasn't.

[JimVaPhuong 4,863]

The only thing wrong with you is that you followed the wrong path to immigrate to the US. Unfortunately, your mother chose this path for you. You could keep wishing for the DREAM act to pass, and keep living as an illegal alien, or you could have a green card by next summer. It's really your choice.

First, hire a good lawyer who has experience with I-601 waivers. Many people on this board recommend Laurel Scott, but there are others who are also good. They'll help you prepare the documents for the two parts of the visa application; the part your husband will file with the NVC, and the part you'll file with the consulate in Mexico. When your interview is scheduled you'll go to Mexico. When the visa is denied, you'll submit the I-601 waiver application which your lawyer has prepared. If your lawyer has done their job properly, your waiver will be approved THE SAME DAY, and you'll receive your visa the following day. You can then return to the US with your new immigrant visa, and you'll receive a green card within a few weeks.

Or, you can keep hoping and praying for the DREAM act to pass...

[Used to be broken 147]

The only thing wrong with you is that you followed the wrong path to immigrate to the US. Unfortunately, your mother chose this path for you. You could keep wishing for the DREAM act to pass, and keep living as an illegal alien, or you could have a green card by next summer. It's really your choice.

First, hire a good lawyer who has experience with I-601 waivers. Many people on this board recommend Laurel Scott, but there are others who are also good. They'll help you prepare the documents for the two parts of the visa application; the part your husband will file with the NVC, and the part you'll file with the consulate in Mexico. When your interview is scheduled you'll go to Mexico. When the visa is denied, you'll submit the I-601 waiver application which your lawyer has prepared. If your lawyer has done their job properly, your waiver will be approved THE SAME DAY, and you'll receive your visa the following day. You can then return to the US with your new immigrant visa, and you'll receive a green card within a few weeks.

Or, you can keep hoping and praying for the DREAM act to pass...

Check with an Immigration Attorney that specializes in Removal and Deportations. There is another way, but risky. I believe there is a deal now where if there is an approved VISA petition you can ask for cancellation of removal. In order to accomplish this you would have to voluntarily enter into proceedings. Unfortunately there is also an annual cap on this so I think its 2000 or 4000 annual cap, not sure if its fiscal year or ends in December but it is already maxed out for this year. The standard for cancellation of removal though is more difficult than the regular hardship of "extreme", I believe.

You might not have any choice now anyway as you could get a notice to appear, I would be prepared for the situation by getting a lawyer who knows what he/she is doing.

[RobyA 0]

Oh I don't think the Dream Act will ever happen. I'm glad I have another option besides that now. I meant when I was younger I was hoping for it.

I am currently waiting a call from NVC. I tried to gather more information and I guess people can just pay a fine for entering illegally and go ahead with the adjustment of status. I'm still looking into that.

Edited October 11, 2010 by RobyA

[SisJ 13]

Oh I don't think the Dream Act will ever happen. I'm glad I have another option besides that now. I meant when I was younger I was hoping for it.

I am currently waiting a call from NVC. I tried to gather more information and I guess people can just pay a fine for entering illegally and go ahead with the adjustment of status. I'm still looking into that.

Your case seems fairly similar to mine except i came here legally when i was 15 and My dad decided i would stay. I was made to believe i had all my documents until my second year of nursing school when i tried to apply for a job and the truth came crushing down like a ton of bricks....Needless to say i made it through nursing school with my degree and no way to work. I kept the truth from my then boyfriend now husband until my senior year of nursing school when i told him i was going to go back to my country after school. long story short we decided to get married and start the ASO process. just like you i was also waiting on the DREAM to pass but doesn't look like it ever will! JUST HAVE FAITH, All things happen for a reason. By God's grace you'll get some good news soon, things have a funny way of working out when you least expect it. I'll keep you in my prayers

[JimVaPhuong 4,863]

I am currently waiting a call from NVC. I tried to gather more information and I guess people can just pay a fine for entering illegally and go ahead with the adjustment of status. I'm still looking into that.

I've already told you about that option - twice! It's section 245(i) of the INA. In order to be eligible you must have been physically present in the US on December 21, 2000, and someone must have filed an immigrant visa petition for you before April 30, 2001. If you meet these conditions, then you can pay a $1000 fine (in addition to the other fees), and adjust status under 245(i). It sounds like you were probably present in the US at the required time, but if nobody submitted an immigrant visa petition for you before April 30, 2001, then you don't qualify.

FWIW, it's generally a bad idea to call USCIS or NVC for advice or information about immigration. The customer service people they hire are notoriously ill informed. If you can actually get an immigration officer on the phone then you might be able to get some useful information.

[RobyA 0]

Yes, sorry. I did read your msg. I was in the US since 1993. But, no one petitioned for me (ever). I talked to someone who just petitioned her husband earlier this year in January and she told me that NVC will call and set up an interview. They would give me the option to pay the fine even if no one had petitioned for me. Because, It was not a conscious decision to enter the country (as I was underage). Now her husband was here illegally and entered the country while he was well over 18. Apparently in the interview they told him that he might have to leave the country and wait for his visa there, but, I guess the interview must have gone well, he was able to stay here and has just applied for Adjustment of status. She did hire a lawyer, so I might not be so lucky. It does make me feel more at ease though.

I've already told you about that option - twice! It's section 245(i) of the INA. In order to be eligible you must have been physically present in the US on December 21, 2000, and someone must have filed an immigrant visa petition for you before April 30, 2001. If you meet these conditions, then you can pay a $1000 fine (in addition to the other fees), and adjust status under 245(i). It sounds like you were probably present in the US at the required time, but if nobody submitted an immigrant visa petition for you before April 30, 2001, then you don't qualify.

FWIW, it's generally a bad idea to call USCIS or NVC for advice or information about immigration. The customer service people they hire are notoriously ill informed. If you can actually get an immigration officer on the phone then you might be able to get some useful information.

[RobyA 0]

... and yes! USCIS and NVC sucks when it comes to advice or any information at all for that matter. I called NVC to try and figure out the Qualifying date. All we got was a busy signal.

[JimVaPhuong 4,863]

Yes, sorry. I did read your msg. I was in the US since 1993. But, no one petitioned for me (ever). I talked to someone who just petitioned her husband earlier this year in January and she told me that NVC will call and set up an interview. They would give me the option to pay the fine even if no one had petitioned for me. Because, It was not a conscious decision to enter the country (as I was underage). Now her husband was here illegally and entered the country while he was well over 18. Apparently in the interview they told him that he might have to leave the country and wait for his visa there, but, I guess the interview must have gone well, he was able to stay here and has just applied for Adjustment of status. She did hire a lawyer, so I might not be so lucky. It does make me feel more at ease though.

This is beyond unusual. First, NVC is Department of State. They have absolutely nothing to say about adjustment of status. They handle visa applications. Second, I don't know of any provision in the immigration law that would allow any department of the US government to grant an AOS to an EWI who did not meet the requirements for 245(i), unless they're applying for asylum or applying under VAWA. If you find out what program this is please let us know, because I've never heard of it.