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Aneri my dad filled in 2006 not 2005 , and why will there more problems after that??
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Power Member

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Everything is dependent on when your father naturalizes. Not the date of his application. The actual date it is granted. If he does before you turn 21 you have a shot. If not, you're screwed completely. Reason you're screwed is because you are here illegally. You would have been in 2A preference had you stayed at home. Being an overstay and over 21 is an automatic bar from AOS with a parent's petition.
The moment you capitulate to lawlessness you've lost your civility.
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| Posts: 8965 | Location: San Diego, or near by. | Registered: 06-08-2007 |    |
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quote: Originally posted by davdah: quote: Originally posted by Rough Neighbor: A reality check is in order here once again. The OP needs to go home and wait for his preference to be current - a 3/10 year bar on his return will kick in if he does so. But preservation of self interest is the better part of valor always, hence his best bet is to "stay put" than take the gambit. Multiply his case a multi-million fold thanks to IIRIRA 96's 3/10 year bars. That instead of locking them out, they're being locked in. Yes, indeed, what a country!
No one is locked in. Free to go at any time. No persecution for leaving. Just asking for respect of our sovereignty is all. Or is that too much to ask? BTW, selfish behavior is not the better part of valor. Valor is best exemplified by interest in the greater good. Otherwise, why would anyone defend this country?
Ah well, again it's a question of what distinguishes idealism from realism. Go ahead, leave the 12M mess to be resolved thru "greater-good virtues" by visa overstays and illegal entrants. Do nothing, expect nothing.
"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on 3 Cor 3:6)
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Power Member

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quote: Originally posted by Rough Neighbor: quote: Originally posted by davdah: quote: Originally posted by Rough Neighbor: A reality check is in order here once again. The OP needs to go home and wait for his preference to be current - a 3/10 year bar on his return will kick in if he does so. But preservation of self interest is the better part of valor always, hence his best bet is to "stay put" than take the gambit. Multiply his case a multi-million fold thanks to IIRIRA 96's 3/10 year bars. That instead of locking them out, they're being locked in. Yes, indeed, what a country!
No one is locked in. Free to go at any time. No persecution for leaving. Just asking for respect of our sovereignty is all. Or is that too much to ask? BTW, selfish behavior is not the better part of valor. Valor is best exemplified by interest in the greater good. Otherwise, why would anyone defend this country?
Ah well, again it's a question of what distinguishes idealism from realism. Go ahead, leave the 12M mess to be resolved thru "greater-good virtues" by visa overstays and illegal entrants. Do nothing, expect nothing.  Did You Drink More Than Me???? LOL! Actually I am really upset that You Did not offer To share With your fellow debaters!!!  Selfish!!!
USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who you blame!!! kami ay nanonood!!!
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Power Member

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quote: Originally posted by Rough Neighbor: quote: Originally posted by davdah: quote: Originally posted by Rough Neighbor: A reality check is in order here once again. The OP needs to go home and wait for his preference to be current - a 3/10 year bar on his return will kick in if he does so. But preservation of self interest is the better part of valor always, hence his best bet is to "stay put" than take the gambit. Multiply his case a multi-million fold thanks to IIRIRA 96's 3/10 year bars. That instead of locking them out, they're being locked in. Yes, indeed, what a country!
No one is locked in. Free to go at any time. No persecution for leaving. Just asking for respect of our sovereignty is all. Or is that too much to ask? BTW, selfish behavior is not the better part of valor. Valor is best exemplified by interest in the greater good. Otherwise, why would anyone defend this country?
Ah well, again it's a question of what distinguishes idealism from realism. Go ahead, leave the 12M mess to be resolved thru "greater-good virtues" by visa overstays and illegal entrants. Do nothing, expect nothing.
Someone wants to play, LOL. Well, it all depends on what you follow. The hands being thrown up in defeat or resolve to do what is right. No victory or gain was ever achieved through surrender. 12 million jobs have 12 million angry voters waiting for them.
The moment you capitulate to lawlessness you've lost your civility.
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| Posts: 8965 | Location: San Diego, or near by. | Registered: 06-08-2007 |    |
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Power Member
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quote: Originally posted by hay_david23: dad filled in 2006 not 2005 , and why will there more problems after that??
so to spell it out: Let's say, most likely scenario, your turn to get visa or adjust status will be in 2011 and your father is still PR - that would mean that you can't adjust status in the USA since you have no legal status to adjust from. You would have to go through the consular processing to pick up the visa in home country. Once you leave the USA, 10 year ban will be imposed on your return because you stayed in the USA without the authorisation for more than 1 year after your turned 18 (3 year ban if you stayed between 6 months and 1 year after turning 18). For that reason, your visa will be denied. You will likely have an option to file for a waiver where it should be documented that an PR or US citizen related to you (Father) would suffer extreme hardship if you are not allowed to return before 10 years are up. Only if and when that waiver is approved, you may be granted visa to return People who have no status in the USA can't apply to adjust status (see form I-485). Exception is made only for immediate relatives of US citizen. Immediate relatives are: spouses, parents (that's why your father was able to get papers based on your sister's petition), and children under 21. Now if your father manages to become US citizen before you turn 21, your category will change to "immediate relative", you won't have to wait for a visa number to become available to you, and you would be able to adjust status in the USA. Many people here wrote this, one way or other. if you don't understand what we mean, please ask rather then to ignore. I really mean it when I say that months, if not weeks, will play a big role in your case. You received I-130 approval. Does it say anything about adjusting status?
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Power Member

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Like alot of posters, he is just looking for the answer he wants.
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