I-485 Denial for my step daughter

[Island Mom 0]

Hello Everyone~

 

I need help. I filed for my step daughter in March 2013. The petition was approved and an Immigrant Visa case was created in August 2020. I was told by a lawyer (who we paid for some advice) to not have her pick up the visa in Jamaica as it would be risky so we took her advice and filed the I-485 for adjustment of status and I-767 (work permit). Both were denied! Why? My stepdaughter's visa was only valid for 6 months back in 2002! I was married to her father since she was 7 years old but never filed for her until she was 25! Long story as to why this wasn't done before.  

 

As anyone find themselves in this predicament?  I was also told that we could now file a waiver together with a letter explaining the circumstances. BTW - she had applied for DACA but was missing some information and so the case was left languishing. Any advice. We have been waiting for 7 years and now this! 

[aaron2020 11,651]

USCIS properly denied your stepdaughter's adjustment of status.  Since an I-130 was not filed until she was 25, she is not considered an Immediate Relative.  Her case would belong in one of the family preference category (which category depends on who is her petitioner and whether the petitioner is a US citizen or LPR).  Overstay is not forgiven for a beneficiary in a family preference category.  A beneficiary has to be in status to be able to adjust status.  Your stepdaughter was out of status and was not eligible to adjust status.  That's why her AOS was denied.  

Your stepdaughter needs an approved I-601a to waive her overstay (unlawful presence) in order to qualify for an immigration visa.  After the I-601 is approved, then she needs to apply for an immigration visa and interview in Jamaica.  To qualify for the I-601a waiver, she will need to show how the petitioning parent will suffer an "extreme hardship" if she is not granted an immigration visa.  

Get a better lawyer.  Your lawyer should have told you about the I-601a and the need for your stepdaughter to go to Jamaica to interview for an immigration visa.  That lawyer should have told you that your stepdaughter did not qualify to adjust status in the US.  

Edited April 1, 2021 by aaron2020

[aaron2020 11,651]

Here is someone with the exact same predicament as you.

 

 

[SLJ 0]

3 hours ago, aaron2020 said:

Here is someone with the exact same predicament as you.

 

 

Thanks

[SalishSea 17,970]

1 hour ago, SLJ said:

Thanks

LOL.....so you have two accounts here?

[SLJ 0]

21 minutes ago, Jorgedig said:

LOL.....so you have two accounts here?

No I don't. Only one