Hello All,
I am new to this board. I have a unique situation and I am hoping someone on here can help me make sense of it. I’ve talked to a lot of attorneys and have received a different answer every time. Hopefully one of you may be going through or know someone going through a similar situation. Ok,.......
I was born in Newham London, England in 1975. In 1977 I was brought to the United States by my Birth Mother, who is a British Citizen. I entered the United States on my birth mother's passport. To my knowledge I did not receive a separate I-94 record for this entry. (I do have the original British Passport my birth mother used in my possession. I am listed as one of the children on this passport.)
I was left in the U.S. to be raised by my Father (Who is not a U.S. citizen He was married to a U.S.C. but never filed a petition). By the age of 5 my Father became addicted to drugs and disappeared from my life. When I was 8 my birth mother returned to the U.S. from the U.K. and took me away from my father’s wife ( My step-mother) who had raised me since I was a baby and brought me back to England where I lived with her for two years. For some reason and to this day I don’t know why, she brought me back to the U.S. and left my with my father’s sister, who later called my Step mother to come and collect me. As far as I know I didn’t receive a separate i-94 or visa because I was 10 years old and on my Birth mother’s passport. (I also have this passport in my possession)
I was raised by my Step-mother, who is a U.S. citizen. She legally adopted me in 1992 when I was 17 years old. After the adoption she applied for a I-130 petition for alien relative. In 1994 the petition was denied because my adopted mother could prove that she was legally married to my father before she adopted me, but couldn't prove that he was my father because his name wasn't on my British birth certificate. And because I was 17 when she adopted me I didn't fall into the "child" category for immediate family member. (In the U.S. the age for an adopted child of a U.S. citizen is 16 years or under)
I was given 6 months to appeal the decision. I first tried to get my father's name added to my British birth certificate. I wasn't able to do this because at the time British law only allowed changes made through the Birth Mother's request and she wouldn't cooperate. By this time I passed the allotted time given to file an appeal.
The only other option I had to prove paternity was through a DNA test. For the next TEN years I looked for my father. After tracking down my father, (who had moved back to his home country in South America after years of living on the streets in the U.S.) I was able to prove paternity through a DNA test.
We re-applied with immigration in 2005. The I-130 was approved in 2009. In the I-797 it states that USCIS knows that I am in the U.S. but I am NOT eligible to apply for adjust of status at this time. And if I choose to leave the country to apply for an immigrant visa from outside the country based on this approved I-130, I should file form I-824 (Application for Action on an Approved Application or Petition) with USCIS.
In order for me to become eligible to apply for an adjustment of Status based on this petition I have to wait for my priority date to come up on the Visa Bulletin in the category that I fall under (alien relative unmarried 21 years or older.) My priority date is Aug 2005
The current processing time on the visa bulletin is an average 3-5 year wait. The Visa bulletin states they are processing applications with a priority date on or before May 2004. It took immigration over two years to process applications with priority dates Jan 2003-May 2004.
Here are a few details about me:
I have never been able to work legally in the U.S.
I went to High School and two years of University in the U.S.
I have never left the U.S. since returning when I was 10.
I did have an attorney but don’t currently because I finances. I have used every free consultation or Legal aid I could find. But I am still not sure what are the best options for me because my situation is complicated.
My questions are……
1. Is there anything else I can do so that I can work while I am waiting on the adjustment of status visa number to become available? Besides marry a U.S. citizen.
2. Can I apply for a temporary work visa while in the U.S.? or would I have to go back to the U.K. and apply from there?
3. Can I apply to adjustment to work status? Is that possible?
4. I never received an I-94, so If I leave the country ( I applied for my adult British Passport) would I receive a visa overstay ban for 10 years?
5. If I don’t have current status how can I adjust my status? (As far as I know I was never issued an individual visa)
6. When I entered on my Birth mother’s British passport and she went back to England and turned in her I-94 does that count as me turning back in since I was listed by name on her British passport?
7. By me filing with immigration in 1992 can they use that as proof I overstayed in the U.S. even if I didn’t have a visa as a baby?
8. If I wait another two to three years for a visa number to become available and file to adjust my Status is there a chance it will be denied because I was out of status for so long?
9. Is it wiser for me to just go back to the U.K. and apply from there for a work visa for the U.S.?
10. If I leave the U.S. and go back to the U.K. and a visa number becomes available and I file the I-485 and it’s approved will that automatically excuse the ban if I receive one?
I thank you all in advance for any advice, tips or guidance you can offer.
