TWOV entry, citizen child to file for out-of-status-parent

[easterbliss 1]

Hi all,

Not sure if there are similar cases to mine, but I'd like some advice/info while I wait to speak with a lawyer.

My oldest recently became a citizen, they moved here as an LPR filed by their father. I, however, have been here almost 20 years, and they are now going to file an I130 for me.

In my first application for a GC, the lawyer used incorrect information/dates. I entered the US 2x between 96 and 98 and my passport was stamped both times TWOV and I continued on to Canada. On my 2nd trip, I never returned to my home country. I do not have an I94 stamp in my passport.

When my first husband filed for me, the lawyer had my entry date in the US as 8/01 and my TWOV as '99. Also, for the length of time at previous address (as in my first address) they listed DOB to 8/01. My I130 was denied. 

I am currently with my second husband and the lawyer we previously spoke with had 'suggested' I wait until one of my adult children (who were already here as LPRs) became citizens and could file for me because it would be easier with parent/child than spouse.

I am almost 60 and have not been to my home country in over 30 years, none of my children live there and my only family remaining are older cousins. 

I understand showing proof of entry might be hard to prove. Any advice for when we do sit down with a lawyer to start this process again? I have all documents from my previous application: including the denial letter detailing the incorrect date of my last entry (the wrong date on the TWOV).  

 

Thank you.

Edited December 2, 2022 by easterbliss

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum -- OP is already in the US ***

 

[OldUser 6,633]

@easterbliss I'm not sure you can adjust with entry without inspection through your son.

 

Are you consulting with the same "lawyer" who worked with you on first I-130 that got denied? It's probably best to speak to somebody else.

[easterbliss 1]

36 minutes ago, OldUser said:

@easterbliss I'm not sure you can adjust with entry without inspection through your son.

 

Are you consulting with the same "lawyer" who worked with you on first I-130 that got denied? It's probably best to speak to somebody else.

Unfortunately, that lawyer was arrested for fraud and disbarred.

I should correct myself: the I130 was approved - (we just found all my files and documents from the application.from back in 2003).

My husband and I were interviewed, together and separately. The IO told us that our application was approved and the lawyer said to just wait for next steps. After continuous delays, and her asking for more money, we eventually swtiched lawyers in '06. I know, that's a long time to be waiting.

Once we went with the new lawyer to make an inquiry, we were told the I-485 was never filed. That lawyer recommended I not refile because I had no proof of entry. This was about 15 years ago, my husband and I have since separated and divorced. 

Because my adult child is now a citizen, we are now considering this path.

Edited December 3, 2022 by easterbliss
updated info and dates

[Pinkrlion 2,716]

I would file with new spouse and make sure that you file both I-130 and I-485 together.  

[easterbliss 1]

On 12/3/2022 at 12:37 PM, Pinkrlion said:

I would file with new spouse and make sure that you file both I-130 and I-485 together.  

Thanks. We meet with the lawyer next week.