beenwaiting

i actually got a voluntary departure when i was 11 years old because i lost an asylum case but my parents got their papers at the same time i got my voluntary departure so they kept me in america thinking that nothing would happen since i was a child.

no they didnt detain me at the interview.

now i am waiting for a visa to legally enter the united states and yes that is why i had to go back to my country.

oh so at the interview they just told u, u had to leave the US? and im guessing they need proof that you ACTUALLY left? did u have to get a passport for proof or how does that work?

Thanks guys! I did speak to a lawyer and he said it should be fine and that my sister would not be deported and that it is just an interview, priority date is many many years away as u can see she is a mexican citizen...even though the lawyer said it should be fine he did not make any guarantees and i am still scared...he just said for her not to sign anything without a lawyer if they wanted to detain her and to call their office(the lawyers) and they would be on their way to meet us over there (it's two hours away)... i have an appointment with another lawyer on the 27th to get a second opinion but im still anxious cus the appointment is on feb 2nd.... any thoughts??

did they give u a chance to leave voluntarily or was it deportation? DId they detain you at the interview?

are you now waiting for your visa? is that why u had to go back to your country?

I received a letter from USCIS in October that requested my presence and that of my sister's for whom i filed a petition in 2003 (I am a US citizen). She is out of status and is not protected by 245i. An attorney adviced me not to go and that would cause the petition to be abandoned and avoid her a deportation. We did not show up but it seems the petition was not abandoned and they sent another appointment requesting me to go but this time to take along both my parents (who are legal residents) and my sister (who has been here since she was 6 years old and is undocumented) My parents brought her to the US 20 years ago, she entered legally with a tourist visa (border crossing card).

I was born with a midwife and a local attorney told me that's probably the reason why they want to interview us. I have no problem with providing proof of my citizenship. But my worry is that if we go to the interview with my sister she will be deported because she here illegally. She graduated from high school and attended college, she wouldve qualified for the DREAM act ... Attorney said to go ahead and go to the interview but I do not feel confident I am very scared since the priority date is not even close to being current!!

I have an appontment with another attorney on the 27th but meanwhile i need some thoughts or comments from any of you with experience! Please help!!

any thoughts???

I had posted back in OCtober about receiving a letter that requested my presence and that of my sister for whom i filed a petition in 2003 (I am a US citizen). She is out of status and is not protected by 245i. An attorney adviced me not to go and I did not show up but it seems the petition was not abandoned and they sent another appointment requesting me to go along with both my parents (who are legal residents) and my sister (who has been here since she was 6 years old and is undocumented) My parents brought her to the US 20 years ago, she entered legally with a tourist visa (border crossing card).

I was born with a midwife and a local attorney told me that's probably the reason why they want to interview us. I have no problem with providing proof of my citizenship. But my worry is that if we go to the interview with my sister she will be deported because she here illegaly. She graduated from high school and attended college, she wouldve qualified for the DREAM act ... Attorney said to go ahead and go to the interview but I do not feel confident I am very scared since the priority date is not even close to being current!!

I have an appontment with another attorney on the 27th but meanwhile i need some thoughts or comments from any of you with experience! Please help!!

thanks!!

In d US

i do not have a passport; and they are asking for one; ive never had a passport i was planning on getting one and go to another one when it arrives; i petitioned for my brother but its very weird cus his priority date is not current; i do not know what the interview is for...

so then i just go without the documents they are asking for and mail them later?

Is not having a all the required documents ready a valid excuse to request the rescheduling of an i-130 interview? I am ready to send a letter tomorrow morning...thanks!

you would have received another letter stating that the i130 was approved. but what they do want to check is that first you are indeed a USC, with passport and proof of birth. since you were born by a midwife they might question that. when you sent the i130 and the proof that you sent, it was't a birth certificate from a hospital, right?

and second they might deny her i130.

it's bad whether you go or not

I sent a copy of my original birth certificate and took the original when my parents were given their GC and they never questioned it then. I have a birth certificate like everyone else filed with the city just like any other except it says that i was born with a midwife. THe birth certificate was filed with the city vital statistics a few days later after my birth it's not like it took years...honestly I do not know what to do...im really scared...the attorney even said that they can go back and look at my parent's files and see HOW they were approved a GC if my citizenship is in question....

I sent a copy of my original birth certificate and took the original when my parents were given their GC and they never questioned it then. I have a birth certificate like everyone else filed with the city just like any other except it says that i was born with a midwife. THe birth certificate was filed with the city vital statistics a few days later after my birth it's not like it took years...honestly I do not know what to do...im really scared...the attorney even said that they can go back and look at my parent's files and see HOW they were approved a GC if my citizenship is in question....

I haven't gotten a passport cus i have never traveled out of the country and well i know they are giving ppl who were born with midwives a hard time to get their passport i just don't want to deal with it...

I guarantee this is not an AOS interview.

Section 103.2(b) of 8 CFR relates to evidence of eligibility at the time of filing a petition. Apparently, they have doubts as to whether you were eligible to petition for your sister, or whether she is eligible to apply for a visa. They have three options in this case; issue a request for evidence, issue a notice of intent to deny, or schedule an interview with the petitioner. Section (13) describes the consequences if you fail to respond to an RFE, NOID, or fail to show up for the interview - the petition is considered abandoned.

From the evidence they've requested, it sounds like they know she's in the US. Maybe they're just questioning whether she entered legally. Since you still have a long time before her priority date is current, they could also be planning on taking her into custody and processing her for deportation if she shows up.

I strongly suggest you consult with an immigration attorney before you go to the interview.

I just consulted with an immigration lawyer online and she told me that we should not go to the interview because my sister cannot adjust her status because she is here illegally, that she will never be able to adjust, is that true??

also, I was born with a midwife and the lawyer says that the interview might be to question my citizenship as well.... I'm too scared!

is the letter for your sister and under what category was she assigned on the i130?

I've never seen this for siblings yes for spouses, to check if there is a valid relationship. Was the i130 ever approved or not?

this isn't an adjustment, this is only for the i130. she doesn't qualify to adjust in country, and her priority date isn't current. she has more than 9 years more of waiting.

I haven't heard of this before. can you give us more information about the i130?

How do I know if the i 130 was approved or not?

I filed the petition in 2003 not 2004 sorry...and i only received a letter stating that the petition was received

please let us know on what the letter says.

THE FOLLOWING IS THE LETTER I RECEIVED IT IS PRINTED ON A PURPLE SHEET OF PAPER.

You have been scheduled for an interview regarding a Petition for Alien Relative, Form I-130, which you filed on behalf of the beneficiarywith the US citizenship and Immigration Services.

You are scheduled for an interview on the date and time listed:

Place: U.S. Citizenship and Immigration Services etc...

Date: OCtober etc...

Time: 11:00 am

Officer #: 30

If the beneficiary of this petition is in the United Stes, then he/she should appear for this interview. You, the PETITIONER, Must attend this interview. Please note taht Servce policy, set forth in Tittle 8, Code of Federal Regulations, Section 103.2 (b)(13), indicates that your petition will be deemed abandoned and further ation terminated if you fail to appear or respond for this appointment.

Bring all requested documents to this interview. This will help expedite a decision on your applicatoin. It is very important that you bring the original and a copy of each requested document. The copies will be placed in your file.

YOU MUST BRING THE ITEM(S) LISTED BELOW:

Photo identification for you, the petitioner and the beneficiary

passport & Arrival/departure record (I-94) of beneficiary and passport of the Petitioner

If you desire to be represented by an attorney, or if you need and interpreter, you must obtain one at your own expense. If you cannot afford an attorney, we can provide you with a list of free legal services.

Finally, if you are unable to keep this appointment, this letter must be returned with an explanation signed by you the Petitioner, on or before the date of interview. Documents filed with the initial petition/application do not have to be resubmitted.

They don't just notify you out of the blue for a green card interview. Once her priority date became current they would notify her that she is eligible to apply for a visa, or if she's in the US that she could apply for a green card. Her priority date is not even close to being current, and she's not applied for either a visa or green card. This sounds like a trap.

Can you post the exact contents of the letter?

OMG! this is too scary... I will post the contents of the letter ASAP... my mother has the letter at home.... thanks so much!

If she is over 18 its probably going to be a problem, and if she attend the interview and she is over 18 more than likely could result in her being detained and deported. Might be something else she can qualify for, so check out the situation with an attorney familiar with this situation BEFORE you go to interview. Also you might not want to show up there without her unless you have extensive and irrefutable proof of you own citizenship so you don't run into several hours of detention as well.

Good luck

this is too nerve wrecking....i have proof of my citizen ship, i am a US born US citizen and filed for my parents in '04 and they were legal residents within months.... I'm really scared! i don't want her to be deported!! this is like her country if they deport her to Mexico it's like its a foreign country for her...

i think there must be some oonfusion, Mexican siblings take around 15 years of waiting, they are now working with petitions filed on Dec 1st 1995. and siblings cannot adjust in country unless they are covered under the 245i law, meaning you filed for her before April 30th 2001.

can you give us more information? it doesn't make sense.

did your parents file for her as a minor under 21?

that's why im very confused because i know it takes very long... my parents did not file for her because they are not citizens just legal residents. she is 26 years old and my parents became residents 6 years ago...

is the interview for her

or for the petitioner (you) ?

They are actually asking both of us to go. IT says that if she is in the US she must go. SHe is here but is here illegally as an overstay of the border crossing card she used to cross the border

I filed a petition for my sister, (who is a Mexican citizen), in April 2004 at that time I also filed a petition for my parents who got their permanent residence back then.

A few days ago we received a notice of an interview in two weeks. My sister has been here since 1990, since 6 years old, my parents brought her when they moved to the US. They crossed with a border crossing card because we live in the border with Mexico. My sister's crossing card is long expired and she has not gone to Mexico ever since. The crossing cards are only good for a few days stay.

She did all her schooling here and even attended college in the US. What is this interview for? is it to adjust status? will she get permanent residence anytime soon?

They are asking for a passport and I94 which we have never had and as a US citizen I have never felt the need to get a passport but they are asking for it too.

I'm so nervous!! I can't even sleep!! Please any advice will be appreciated!!! thanks so much!!