will this affect me?

[gna781 1]

Hi everyone,

I think I might know the answer to this question but I'd just like to see what everyone else has to say about it...

I entered US legally with B1/B2 Visa and Permission to stay I-94. While here my mother LPR petitioned for me. And I-130 is still in process. But I-94 has expired. (Not B1/B2 Visa)

Will this affect me? Lawyer said this shouldn't be a big problem but Im still worried.

Thanks

[Dancob 1]

Hi everyone,

I think I might know the answer to this question but I'd just like to see what everyone else has to say about it...

I entered US legally with B1/B2 Visa and Permission to stay I-94. While here my mother LPR petitioned for me. And I-130 is still in process. But I-94 has expired. (Not B1/B2 Visa)

Will this affect me? Lawyer said this shouldn't be a big problem but Im still worried.

Thanks

Here is my opinion:

If you are from Mexico, and the petitioner is Permanent Resident, Your priority date is July 15th 1992.

If your petitioner becomes Citizen, then you will go into the next category which up today has a priority date of February 15th 1993. This is assuming you are single. You need to wait approx. 18 years to complete your case.

Now you are out of status. Therefore if you leave the country you will be bar for 3 or 10 years. If you wait in the country you are exposed to be deported and get banned for the same time.

In summary, you have a very long journey full of uncertainty.

Edited March 10, 2011 by Dancob

[gna781 1]

Here is my opinion:

If you are from Mexico, and the petitioner is Permanent Resident, Your priority date is July 15th 1992.

If your petitioner becomes Citizen, then you will go into the next category which up today has a priority date of February 15th 1993. This is assuming you are single. You need to wait approx. 18 years to complete your case.

Now you are out of status. Therefore if you leave the country you will be bar for 3 or 10 years. If you wait in the country you are exposed to be deported and get banned for the same time.

In summary, you have a very long journey full of uncertainty.

why would my priority date be that??

and what do you mean by "you will be bar"

[Harsh_77 718]

Your priority date means - ppl who had applied in 92 / 93 their application are getting worked on now and they are getting approved, so even if you apply today you will have to wait until 2011 becomes current.

You are illegally in the country when you overstay in the country, for overstaying your I-94 date they can punish you by not allowing you in the country next time you try to enter on the B1/B2.

Depending length of your overstay you get 3/5/10 yr Ban

[gna781 1]

Your priority date means - ppl who had applied in 92 / 93 their application are getting worked on now and they are getting approved, so even if you apply today you will have to wait until 2011 becomes current.

You are illegally in the country when you overstay in the country, for overstaying your I-94 date they can punish you by not allowing you in the country next time you try to enter on the B1/B2.

Depending length of your overstay you get 3/5/10 yr Ban

I understand what a priority date is. Mine is Nov 10 2010. I dont see why it would be anywhere in 1992 or 1993 if the current date on NVC for my catagory is Jan 1 2006.

Do you know if there is a way to extend the date on I-94 from with in the country? I appriciate your help.

[Dancob 1]

Your priority date means - ppl who had applied in 92 / 93 their application are getting worked on now and they are getting approved, so even if you apply today you will have to wait until 2011 becomes current.

You are illegally in the country when you overstay in the country, for overstaying your I-94 date they can punish you by not allowing you in the country next time you try to enter on the B1/B2.

Depending length of your overstay you get 3/5/10 yr Ban

Harsh77 is correct,

And again this is my opinion only.

depending on your age, the priority date could be as earliest as 01JUL06 (F2A) if you are minor, but if you reach the age of 21 before the priority date reach your case, then you will jump into the next category (F2B)15JUL92.

Here is the latest Visa Bulletin with the Dates for Mexico and the link to the Dept of State website. that is updated every month.

http://travel.state.gov/visa/bulletin/bulletin_1360.html

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of Citizens: 15FEB93

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:

F2A Spouses and Children: 01JUL06

F2B Unmarried Sons and Daughters 15JUL92

Third: (F3) Married Sons and Daughters of Citizens 08NOV92

Fourth: (F4) Brothers and Sisters of Adult Citizens 01FEB96

[gna781 1]

Ok thank you Dancob.

[Jojo92122 1,924]

Hi everyone,

I think I might know the answer to this question but I'd just like to see what everyone else has to say about it...

I entered US legally with B1/B2 Visa and Permission to stay I-94. While here my mother LPR petitioned for me. And I-130 is still in process. But I-94 has expired. (Not B1/B2 Visa)

Will this affect me? Lawyer said this shouldn't be a big problem but Im still worried.

Thanks

It doesn't matter that the visa has not expired. Your authorized time in the US is determined by your I-94. Once your I-94, you have overstayed your authorized time in the US and you are now illegally in the US. You can be deported.

---------------------

http://travel.state.gov/visa/temp/info/info_1298.html

The date or D/S notation, shown on your Arrival-Departure Record, I-94 or I-94W is the official record of your authorized length of stay in the U.S. You cannot use the visa expiration date in determining or referring to your permitted length of stay in the U.S.

---------------------

In the April 2011 Visa Bulletin, the current PD for Mexicans in the F2a family preference category (LPR petitioning a spouse or an unmarried child under age 21) is July 1, 2006. The current PD for Mexicans in the F2b family preference category (LPR petitioning an unmarried child over age 21) is July 15, 1992. This means only those beneficiaries with PDs before those dates are eligible for immigration visas or to adjust their status in the US.

Your Priority Date is Nov. 10, 2010. This means you are not eligible for an immigration visa or to adjust your status in the US.

---------------------

You need to get a second opinion. Your lawyer should be telling you to worry. You are illegally in the US and you are deportable. The period of overstaying your authorized time is called unlawful presence. There are generally two consequences of accruing days of unlawful presence in the US; inability to adjust your status unless you are an Immediate Family member, or a bar from reentering the US if you leave.

If you overstay in the US, you cannot adjust your status unless a petitioner files for you as an Immediate Relative. Immediate Relative is a legal term; it's a spouse, unmarried child under 21, or a parent. Age is determined at the time your PD becomes current.

If you overstay your authorized time in the US by 180 days to one year and then leave the US, you will be bar from the US for 3 years. If you spend more than one year in the US illegally and then leave, you will be bar from the US for 10 years. A visa application during a bar will be denied. Your petitioner will have to file a waiver showing an extreme hardship to the US person.

---------------------

You need to get yourself back to Mexico. Your mother filing the I-130 does not give you any rights to be in the US. Remaining in the US is the worst choice you can make at this point.

[Boiler 46,034]

The B2 is dead anyway, no longer valid due to the overstay.

How old are you?

Was it a Lawyer or Notario you spoke to.

[gna781 1]

The B2 is dead anyway, no longer valid due to the overstay.

How old are you?

Was it a Lawyer or Notario you spoke to.

It was a Lawyer he said he can put in a request to extend it and it should be ok .

It was a Lawyer he said he can put in a request to extend it and it should be ok .

oh and im 18

[gna781 1]

It doesn't matter that the visa has not expired. Your authorized time in the US is determined by your I-94. Once your I-94, you have overstayed your authorized time in the US and you are now illegally in the US. You can be deported.

---------------------

http://travel.state.gov/visa/temp/info/info_1298.html

The date or D/S notation, shown on your Arrival-Departure Record, I-94 or I-94W is the official record of your authorized length of stay in the U.S. You cannot use the visa expiration date in determining or referring to your permitted length of stay in the U.S.

---------------------

In the April 2011 Visa Bulletin, the current PD for Mexicans in the F2a family preference category (LPR petitioning a spouse or an unmarried child under age 21) is July 1, 2006. The current PD for Mexicans in the F2b family preference category (LPR petitioning an unmarried child over age 21) is July 15, 1992. This means only those beneficiaries with PDs before those dates are eligible for immigration visas or to adjust their status in the US.

Your Priority Date is Nov. 10, 2010. This means you are not eligible for an immigration visa or to adjust your status in the US.

---------------------

You need to get a second opinion. Your lawyer should be telling you to worry. You are illegally in the US and you are deportable. The period of overstaying your authorized time is called unlawful presence. There are generally two consequences of accruing days of unlawful presence in the US; inability to adjust your status unless you are an Immediate Family member, or a bar from reentering the US if you leave.

If you overstay in the US, you cannot adjust your status unless a petitioner files for you as an Immediate Relative. Immediate Relative is a legal term; it's a spouse, unmarried child under 21, or a parent. Age is determined at the time your PD becomes current.

If you overstay your authorized time in the US by 180 days to one year and then leave the US, you will be bar from the US for 3 years. If you spend more than one year in the US illegally and then leave, you will be bar from the US for 10 years. A visa application during a bar will be denied. Your petitioner will have to file a waiver showing an extreme hardship to the US person.

---------------------

You need to get yourself back to Mexico. Your mother filing the I-130 does not give you any rights to be in the US. Remaining in the US is the worst choice you can make at this point.

I have overstayed for less then 180 days and i am an Immediate Relative. Unmarried child under 21. The lawyer said it is possible to extend I-94 is this false?

My mom thinks this might be false and its better like you say to leave and get another I94...with this retrogression the way its slowly moving forward for F2A

who knows if ill move to F2B. Thank you for your advise I really appriciate it.

[Boiler 46,034]

Once you hit 18 you start accruing illegal presence when you are out of status.

So you really do not want a 3/10 year ban to complicate matters. Your Mother could file a waiver, but somewhere you really do not want to go.

To extend you need to both have a good reason and be in status.

To re-enter you will need to get a visa, another B2 might be an ask bearing in mind your history.

[gna781 1]

Once you hit 18 you start accruing illegal presence when you are out of status.

So you really do not want a 3/10 year ban to complicate matters. Your Mother could file a waiver, but somewhere you really do not want to go.

To extend you need to both have a good reason and be in status.

To re-enter you will need to get a visa, another B2 might be an ask bearing in mind your history.

Ok. Also another thing lawyer said was there is a penalty charge for overstaying of $1,000. The more I research I see that what he said is true. Another thing is when my mom had her final interview with USCIS the interviewer told my mom "I just gave you your green light on being LPR why arent you jumping with excitment?!" (my mom was concerned with my situation at the moment that I-94 would expire) when she explained this to him... HE ADVISED her to keep me in the country even if it expired. He explained to her that it would be an easier process to handle anything from in the country then in Mexico which case would be transferrred to City Juarez...he said that it would be a much faster process here then there and that was his reasoning for keeping me in here. Were we mislead? Its a lot of information to process. I want to be informed as much as I can however so that things get done in a smart way...

[Boiler 46,034]

The more I research I see that what he said is UNtrue

[gna781 1]

The more I research I see that what he said is UNtrue

This is very sad. We met this lawyer at USCIS when my mother went for last interview. And have heard nothing but good things about him. If what he is saying is untrue and USCIS interviewer agreed he is a good lawyer I wouldnt know who to go to