Life Act i-485

[Opalie 0]

Hi there

I am not sure if this is in the correct area, so apologizes if not.

In May 1998, my then fiance and myself went to America on a visitor visa..He is a US Citizen and I am the Alien..got to love that term! I went with my two children from my previous marriage..then aged 13 and 11. We had a joint child born in America in 1998 and applied for an extention to the visitor visas, which was approved. (We was waiting on my fiance's divorce to be finalized.) in May 1999 we were married and immediatly applied for an I-130 and I-485. Our next child was born a few months later. I received a work permit for a year and an SSN and also tax number.

Things progressed pretty slowly (I cannot remember if we got I-130 approval or not - it's a while ago), I and my older children did the finger printing etc in USA. We finally got an interview date (sadly the letter arrived after the interview day) we drove to the INS and the IO said that a new interview letters would be sent. A few months after we got a denial for the I-485 (not exactly the interviews we were expecting)as we had failed to attend the interview. Heartbroken, we involved the senator, who said we should pay $100 each to get our cases going again...this we did.

A while later, this $100 form was not acted on..nothing happened, we went to a lawyer who suggested we just start again...as when cases go bad, it is easier to just start again!!

By then i guess all confidence in the system had left me tired and I returned to my home country, after being in the states over 4 years. We left on our own devises..no deportation or even any notices...just because I felt let down by the system.

In July 2010 my husband and younger children returned to the USA with the anticipation of finally doing what the lawyer in 2002 had suggested and starting again to file for me to come over. This we did in June 2011. I have visitied the USA 3 x since they left, Sept 2010, Nov 2010 and June 2011, no problems to enter the USA at all.

Now my questions. IS Starting the process again....the right thing to do? WOuld an expediate help as USCIS error back in 2000/2001? Would a senator help?

Would I be able to file under the LIFE ACT as i was living in the USA in Dec 2000.

WOuld my older son (unmarried) have any way he can come back to the USA, if he wanted?...other than the F1 Family based. He is now 24. Would he qualify under this LIFE Act?

Would my older daughter (Married) be able to come over.....if she so wanted?

I know it's a lot of information and I do apologize.

ANy advise would be really helpful..

Thanks

[milimelo 4,479]

Hi there

I am not sure if this is in the correct area, so apologizes if not.

In May 1998, my then fiance and myself went to America on a visitor visa..He is a US Citizen and I am the Alien..got to love that term! I went with my two children from my previous marriage..then aged 13 and 11. We had a joint child born in America in 1998 and applied for an extention to the visitor visas, which was approved. (We was waiting on my fiance's divorce to be finalized.) in May 1999 we were married and immediatly applied for an I-130 and I-485. Our next child was born a few months later. I received a work permit for a year and an SSN and also tax number.

Things progressed pretty slowly (I cannot remember if we got I-130 approval or not - it's a while ago), I and my older children did the finger printing etc in USA. We finally got an interview date (sadly the letter arrived after the interview day) we drove to the INS and the IO said that a new interview letters would be sent. A few months after we got a denial for the I-485 (not exactly the interviews we were expecting)as we had failed to attend the interview. Heartbroken, we involved the senator, who said we should pay $100 each to get our cases going again...this we did.

A while later, this $100 form was not acted on..nothing happened, we went to a lawyer who suggested we just start again...as when cases go bad, it is easier to just start again!!

By then i guess all confidence in the system had left me tired and I returned to my home country, after being in the states over 4 years. We left on our own devises..no deportation or even any notices...just because I felt let down by the system.

In July 2010 my husband and younger children returned to the USA with the anticipation of finally doing what the lawyer in 2002 had suggested and starting again to file for me to come over. This we did in June 2011. I have visitied the USA 3 x since they left, Sept 2010, Nov 2010 and June 2011, no problems to enter the USA at all.

Now my questions. IS Starting the process again....the right thing to do? WOuld an expediate help as USCIS error back in 2000/2001? Would a senator help?

Would I be able to file under the LIFE ACT as i was living in the USA in Dec 2000.

WOuld my older son (unmarried) have any way he can come back to the USA, if he wanted?...other than the F1 Family based. He is now 24. Would he qualify under this LIFE Act?

Would my older daughter (Married) be able to come over.....if she so wanted?

I know it's a lot of information and I do apologize.

ANy advise would be really helpful..

Thanks

So in essence you misrepresented yourself on ESTA forms that you never overstayed your visa in the US? You'll need a very good lawyer to overcome all this.

[Opalie 0]

So in essence you misrepresented yourself on ESTA forms that you never overstayed your visa in the US? You'll need a very good lawyer to overcome all this.

Thank you for the response :-)

Could you please show me where I have misrepresented myself on the ESTA? I answered all questions honestly. I have never been deported or removed from the USA. I chose to leave.

[VanessaTony 3,567]

Thank you for the response :-)

Could you please show me where I have misrepresented myself on the ESTA? I answered all questions honestly. I have never been deported or removed from the USA. I chose to leave.

No but you did overstay for 4 years which is a 10 year ban. During this ban period you entered the US. I really would speak to a lawyer and see what they say because you entered when you weren't supposed to and why they didn't know/realise you overstayed is also interesting.

The old ESTA form asked if you'd ever overstayed (from memory). I still think this is lawyer territory sorry.

[JimVaPhuong 4,863]

It's not clear that she's incurred a ban. She was in status when she filed her I-485. She was in authorized stay while the I-485 was being adjudicated. So, it really depends on how long she was in the US AFTER the I-485 was denied.

Opalie, you should not attempt to adjust status under 245(i) of the Life Act. It's primarily for people who entered the US illegally, and there's a hefty $1000 fine involved. It's the last remnants of the Reagan amnesty program. You don't need it.

You should find out if your I-130 was ever approved. If it was then you can probably get it pulled from the archives, finish the processing at NVC, and apply for an IR1 visa at a US consulate.