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Results 1 to 6 of 6

Thread: AOS through US Citizen confirmation

  1. #1
    Here is the details of my case, please help or comment if possible.

    I came here with my parents on a visitor visa when I was 7 years old. We over-stayed our visas, and have never left the country. Our passport was lost or stolen (biggested mistake made). I am 23 years old now and plan on marrying my college sweetheart of the last 3.5 years. She is a US Citizen. In order for any AOS one must show proof of entry made through inspection. I cannot do that because our passport with our visa is missing. We also dont have the tickets or anything other proof, since it has been over 16 years. Law states that if someone is here without inspection they must leave the country and file through there. HOWEVER, before April 30, 2001 one could pay a $1000 fine and adjust status in the US even if he or she had entered the country illegally. That is however not valid becaues the law changed after April 30, 20001.

    Here is where its tricky.

    My grandparents are citizen and they petitioned for my parents with a prioriyt date of December 2000. During December 2000 I was under the age of 21 years, which means that petition also includes me as long as I am not married. That petition, we think, is going to take 2 to 4 more years.

    Here is what I am asking for people to comment on.

    I checked with lawyer and he said that, since I am included on the petition from my grandfather with the priority date of December 2000, I am included (grandfathered) to the law that allows me to adjust status in the US even though I am illegal, as long as I pay the $1000 fine. I am posting this because this was something that might help many people out there. If you have any question please ask me, I have spent lots of time and $$$ with this matter, and if there is something I need to know, please advice or comment.

  2. #2
    Here is the details of my case, please help or comment if possible.

    I came here with my parents on a visitor visa when I was 7 years old. We over-stayed our visas, and have never left the country. Our passport was lost or stolen (biggested mistake made). I am 23 years old now and plan on marrying my college sweetheart of the last 3.5 years. She is a US Citizen. In order for any AOS one must show proof of entry made through inspection. I cannot do that because our passport with our visa is missing. We also dont have the tickets or anything other proof, since it has been over 16 years. Law states that if someone is here without inspection they must leave the country and file through there. HOWEVER, before April 30, 2001 one could pay a $1000 fine and adjust status in the US even if he or she had entered the country illegally. That is however not valid becaues the law changed after April 30, 20001.

    Here is where its tricky.

    My grandparents are citizen and they petitioned for my parents with a prioriyt date of December 2000. During December 2000 I was under the age of 21 years, which means that petition also includes me as long as I am not married. That petition, we think, is going to take 2 to 4 more years.

    Here is what I am asking for people to comment on.

    I checked with lawyer and he said that, since I am included on the petition from my grandfather with the priority date of December 2000, I am included (grandfathered) to the law that allows me to adjust status in the US even though I am illegal, as long as I pay the $1000 fine. I am posting this because this was something that might help many people out there. If you have any question please ask me, I have spent lots of time and $$$ with this matter, and if there is something I need to know, please advice or comment.

  3. #3

  4. #4
    I don't know the answers but if you don't get them here you might want to try www.immigrate2us.net.

  5. #5
    Yup, that whats the LIFE Act is for. The main catch is the I-130 has to be filed before April 30, 2001. Which is fine in your parent's case (December 2000 filing date).

    You'll be automatically included in that petition as well. I'm not sure whether marriage will change that status or not though.
    http://uscis.gov/graphics/howdoi/Appproc.htm

  6. #6
    Thank you marmaduk. I appreciate your comment.

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