ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE



The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 5 of 5

Thread: I Need Some Help Please

  1. #1
    I have such a weird and unusual situation, and need some help. I have to start at the beginning. My parents enter EWI with me in 1986 when I was two years old. My father is eligible under NACARA, but my mom wasn't. Unfortunately, when we visited his lawyer they mentioned he wouldn't be eligible as well during his interview, but surprise he was! He received it in 12/07, and I had already been married in 9/07 to my high school sweetheart (we had been together for 7 years already and he is a USC), so when I spoke to the immigration officer (I went along to help him interpret just in case), he said that I was no longer eligible for NACARA under my father since I had gotten married. I then went to a lawyer, and they said I was also not eligible for my mom's tps, since I hadn't filed for it in time. The only way is through my marriage but that I would have to return to El Salvador. I have never been there, and am really scared to go back after hearing my mom's story as to why my parents left. My parents did apply for a work permit for me when I was 16 under their asylum application which they used to get my driver's license, but it was never renewed, and unfortunately my parents never explained our situation to me until I turned 18. I don't know if there's anything my husband and I can do. I was thinking I could apply for NACARA under my own? I was listed under all of my father's paperwork. Is that possible? Should I just wait until next Spring to do anything? Thank you in advance.

  2. #2
    I have such a weird and unusual situation, and need some help. I have to start at the beginning. My parents enter EWI with me in 1986 when I was two years old. My father is eligible under NACARA, but my mom wasn't. Unfortunately, when we visited his lawyer they mentioned he wouldn't be eligible as well during his interview, but surprise he was! He received it in 12/07, and I had already been married in 9/07 to my high school sweetheart (we had been together for 7 years already and he is a USC), so when I spoke to the immigration officer (I went along to help him interpret just in case), he said that I was no longer eligible for NACARA under my father since I had gotten married. I then went to a lawyer, and they said I was also not eligible for my mom's tps, since I hadn't filed for it in time. The only way is through my marriage but that I would have to return to El Salvador. I have never been there, and am really scared to go back after hearing my mom's story as to why my parents left. My parents did apply for a work permit for me when I was 16 under their asylum application which they used to get my driver's license, but it was never renewed, and unfortunately my parents never explained our situation to me until I turned 18. I don't know if there's anything my husband and I can do. I was thinking I could apply for NACARA under my own? I was listed under all of my father's paperwork. Is that possible? Should I just wait until next Spring to do anything? Thank you in advance.

  3. #3
    Welcome to ILW!

    So you are presently married?
    --------------------
    "I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. " - Thomas Jefferson

  4. #4
    Thank you! Yes I am currently married.

  5. #5
    This is what happens when parents neglect their responsibilities. The parents entered America illegally (albeit apparently fleeing civil war). Then, the OP wasn't really made aware of her predicament until she was already 18 years old...although her parents were very well aware.

    Then, even though the OP was apparently covered under her father's application, the parents didn't think to look into the consequences of their child's marriage on the then-pending application.

    Therefore, their child is left in an almost impossible situation.

    There is one possible avenue of relief. If the OP was covered under an approved petition prior to - I believe the date is April, 2001, but this should be checked - then she most likely is grandfathered under 245i. If she is 245i eligible (consult an attorney...like your parents should have done) then she will be able to adjust status in America.

    On the issue of fleeing civil war and claiming asylum in America...which apparently was denied. The parents, if they were truly fleeing civil war and attempting an asylum claim, are obligated to claim such asylum in the first safe country...and the first safe country that they traveled through was NOT America (Mexico is a mess, but it was safe at that time). That means that the parents entered America illegally as economic migrants. people truly fleeing persecution or civil war don't travel through several other safe countries until they reach America...and then stop.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: