Help with I-130 Problem

[SalishSea 17,987]

5 hours ago, Hudson920 said:

She is living in the US now, but she has no lease, no job, no nothing. Which is the problem. Only affidavits from the Father and two sisters that live in the US can show that she lives here.  

 

From INA 204L, A beneficiary of a pending or approved immediate relative immigrant visa petition.  How it also states, "applies to an adjustment of status application adjudicated on or after October 28, 2009."  So, this only applies with I485 applications or can it include the I130 application as well?  

 

 

Here is the link of who qualifies:  https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9

So she's living here illegally?

[Boiler 45,783]

1 minute ago, SalishSea said:

So she's living here illegally?

it appears she is currently just visiting on a Tourist Visa.

[SalishSea 17,987]

Just now, Boiler said:

it appears she is currently just visiting on a Tourist Visa.

Ah,  I was thrown by "living here."

 

OP, does she plan to return before her I-94 authorized stay expires, or does she plan to overstay?

 

Why can she not work and support herself?

[manyfudge 291]

1 hour ago, SalishSea said:

Ah,  I was thrown by "living here."

 

Ok, this is the situation as best as I understand it.

 

1) I-130 not approved so can't go for humanitarian reinstatement

2) if I-130 not approved BUT beneficiary "residing" in US, then section 204(l) provides for reinstatement of petition.

The OP's problem is that they don't have proof that beneficiary is residing in US (she is only visiting) so no lawyer will take

on their 204(l) case.

[Dashinka 24,656]

1 minute ago, manyfudge said:

Ok, this is the situation as best as I understand it.

 

1) I-130 not approved so can't go for humanitarian reinstatement

2) if I-130 not approved BUT beneficiary "residing" in US, then section 204(l) provides for reinstatement of petition.

The OP's problem is that they don't have proof that beneficiary is residing in US (she is only visiting) so no lawyer will take

on their 204(l) case.

This is my take which means the only option to my knowledge is for new I130 submissions by the father and siblings.

[Boiler 45,783]

Agree with everyone else 

[SalishSea 17,987]

1 hour ago, manyfudge said:

Ok, this is the situation as best as I understand it.

 

1) I-130 not approved so can't go for humanitarian reinstatement

2) if I-130 not approved BUT beneficiary "residing" in US, then section 204(l) provides for reinstatement of petition.

The OP's problem is that they don't have proof that beneficiary is residing in US (she is only visiting) so no lawyer will take

on their 204(l) case.

Ah, thanks for explaining.