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Filed: IR-1/CR-1 Visa Country: Honduras
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My situation it's a little bit complicated hopefully somebody could help me out***********************

I'm 22 years old entered illegally without a visa at the age of 9 from Honduras and now I'm married to a US citizen living in NYC. At the age of 14 I was given TPS which I've been renewing every single term usually 12-18 months is still active and expires on July 2007. My CR1 interview is scheduled for May 7, 2007 at the US embassy in Honduras.

I consulted with many different lawyers and all gave me different opinions, some told me I could adjust status here, some told me straight up no that I have to wait for a reform, some told me if I leave the country I would trigger a 10 year bar and have to apply for a waiver because of my unlawful presence but most of them agree that I have to leave the country in order to adjust status.

So here is my dilemma did I pick the correct lawyer with the right advice regarding my case? The one I chose was the one that told me to do consular processing attend the interview in Honduras using Advance Parole( already approved based on TPS) to safely leave the country. Once I'm over there he says the visa should be approve without a problem and that I wouldn't need a waiver or would trigger a 10yr bar. He based his advice and actions due to the fact that I haven't accumulated unlawful presence according to him a person under 18 doesn't accumulate unlawful presence and a person who is under TPS doesn't accumulate unlawful presence either. So in my case I had TPS before I turned 18 and I still have it which means I haven't accumulate not even 1 day of unlawful presence which is the reason why they give the bar.

Any help will be appreciated any help. I'm more than half way trough the process but would like to get some advice before I leave the country I'm so nervous about this situation :crying: ....THANKS IN ADVANCE!!!!!!!!!!!!!!!!!!

**************************************************************

EWI underage- 9/1994

Married husband LPR- 04/07/2006

Filed I130 NOA1-05/02/2006

Husband became USC-08/09/2006

NOA1 for upgrade USC-09/08/2006

I130 Approved - 10/16/2006

E-filed I131 Advance Parole- 10/19/2006

NVC assigned a case # - 10/24/2006

NVC sent out I864& DS230 fee bills- 10/30/2006

Lawyer recieved I864&DS230 fee bills- 11/16/2006

NVC recieved both fee bill- 11/29/2006

NVC sent out pocket of information 12/04/2006

NVC recieved I864&DS230 01/09/2007

Case completed 02/08/2007

Forwarded to Honduras 02/16/2007

Interview date 05/07/2007

 
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