I-130 Questions!

[nyc623 16]

Hello, Couple of questions hope you guys can help.

I arrived here as a child without inspection in 1999. Married my husband 2011.

We filed I-130 with G-325 A , on January 30 2013 USCIS received my package and on

April 1, 2013 we received I-797 of approval.

On the approval letter it states..

"The above application 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. He or she should contact the local USCIS office to obtain for I-485, Application for Permanent Residence. A copy of this noticed should be mailed with the application.

If the person for whom you are petitioning decides to apply for a visa outside the US based on this petition, the petitioner should file form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the Department of State National Visa center.

What should I do next? A local immigration office told me I need to wait until they send me another form?!? Which I was insecure about.

I went to a lawyer and he says USCIS made a mistake on my application as they are indicating I'm going to apply for an adjustment of status from here (USA)

I understand that in order for me to adjust I'm going to have to go to Ciudad Juarez, which I did indicate in my I-130 application.

I am very confused. Any thoughts on this? Similar cases? What's next?

Thanks guys.

[Hypnos 6,576]

You will not be adjusting. Adjustment of status is for people who are already in the US that apply for a green card which will be granted in-country by USCIS.

Since you EWI and do not qualify under 245(i) then you cannot adjust in-country and will need to interview at a foreign US post, as you indicate.

Have you already filed an I-601A? Since you have been illegally present in the US for a substantial amount of time then you will likely have a bar from the US which will kick in the moment you leave (to attend the interview). How old you are now will determine how long the bar is.

You can file an I-601A provisional waiver to try and overcome this inadmissibility; perhaps this is something you have already done? More information would be required.

[nyc623 16]

I have not filed for anything else but the I-130, I am currently 21 years old. So, should I file for I-601A or wait until I get a response from USCIS? I'm very confused!

[Hypnos 6,576]

Your I-130 must be approved (as yours is) before you can submit the new I-601A provisional waiver. The fact that USCIS believe you are going to file for AoS is a minor problem that can be fixed down the line.

I would strongly advise that you consult with an experienced immigration attorney and ask for advice about filing an I-601A.

Since you are 21 then you have been illegally present in the US for three years (minors only accrue illegal presence once they turn 18); this means that you have a 10 year bar from the US which will be triggered as soon as you depart.

You can read further information here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bc41875decf56310VgnVCM100000082ca60aRCRD&vgnextchannel=bc41875decf56310VgnVCM100000082ca60aRCRD (pay particular attention to "Eligibility Requirements" - you will need to be able to demonstrate to USCIS why it would be a hardship to your US citizen spouse for you not to be admitted to the US).

Edited May 20, 2013 by Hypnos

[newacct 688]

Would you be eligible for DACA?

I know that some DACA people who entered without inspection have been able to get Advance Parole and then use a trick whereby they leave and enter on Advance Parole to get a valid entry, and then adjust status in the U.S. You would probably need to consult a DACA expert for more information on this.