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

Immigration Daily


Chinese Immig. Daily




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

Results 1 to 7 of 7

Thread: I-485 Nightmare(Again!!)

  1. #1
    I have been in this country for thirteen years and still do not have my Green Card. My mother is an US Citizen, both of my brothers have Green Cards and because I was older than 18 years old when my Mom applied for the I-485,
    my process has taken a long time. Traumatic as this process has been for me , I lost my job last December because of a work permit that was never delivered. After a lot of hard work, I was given a work permit replacement in May/06, paid $180 and the work permit expired in August! I applied for a work permit back in June/06, and because it has taken almost three months, I will end up losing my job again. I cant express how frustrating this process has been, I have already spoken with a local attorney, he inquired with the INS about the status of my case, and received the obvious response: background check pending. Is there anything else I can do? I wrote a letter to my local Congressman last week but still have not heard back from anybody. Secondly, my fiance is American born and I was just wondering if getting married would speed things up?. Thanks for your help!

  2. #2
    I have been in this country for thirteen years and still do not have my Green Card. My mother is an US Citizen, both of my brothers have Green Cards and because I was older than 18 years old when my Mom applied for the I-485,
    my process has taken a long time. Traumatic as this process has been for me , I lost my job last December because of a work permit that was never delivered. After a lot of hard work, I was given a work permit replacement in May/06, paid $180 and the work permit expired in August! I applied for a work permit back in June/06, and because it has taken almost three months, I will end up losing my job again. I cant express how frustrating this process has been, I have already spoken with a local attorney, he inquired with the INS about the status of my case, and received the obvious response: background check pending. Is there anything else I can do? I wrote a letter to my local Congressman last week but still have not heard back from anybody. Secondly, my fiance is American born and I was just wondering if getting married would speed things up?. Thanks for your help!

  3. #3
    If you marry, you will need to relinguish your application and file the I-130/I-485 to adjust your status. I am assuming you were over 21 years old, not 18 when you mother adjusted her status?
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  4. #4
    Thanks for your reply! I dont recall if I was over 18 or over 21, but all I remember is that because I was older than my brothers at the time of the application, my process has taken 5 years longer. Back to the question, would it be better to marry and get my Green Card that way or wait until this process clears before getting married? Any help is appreciated

  5. #5
    You can file any number of Petitions for a person, he can take advantage who ever comes first. First will be the marriage one
    I have seen two I-130 filed for one appliacnts at many times. One by Parents another by brother. both were waiting to beco,e current and Parents one came first brother had still few more months, he avail the parents I-130. This was in 2000.

  6. #6
    U live in the United States of America for thirteen long years.Your mother is a U.S. Citizen....and You do not have a green card?
    either you are not telling the whole truth here,or the system in the US is so messed up,thats just unbelievable and insane...
    An ILLEGALLY ****er,will get a green card faster than you.And buddy, you did not mean to ask,if you should get married right?lol thats a joke right? Hello, you own mother is a US citizen for christ sakes.Why the hell are U looking for other options? and the F'N excuse from the INS backgroundcheck is a no brainer, its a pure lie and an excuse.Believe that bro.Find a REAL attorney..writing a congressman will not help you one tiny bit,I have never heard that a congressman could help a immigrant,not to mention a US citizen by a letter.Never worked never will.I wish it would do.I feel bad for you,for losing your job over it...
    I am still though in disbeliefe,that you live in the Unnited States for 13 years,and all you have is always a work permit???? and your mom is a us citizen??? somethings not right here.You need to do some serious research.

    PS: U can contact the FBI to see if your background check has been done or even submited.
    You have the right to ask for that and check your status.Freedom of information on your own behalf.Do it!
    And make sure you do it in writing...so U have some proof.

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by HBKHBK:
    U live in the United States of America for thirteen long years.Your mother is a U.S. Citizen....and You do not have a green card?
    either you are not telling the whole truth here,or the system in the US is so messed up,thats just unbelievable and insane...
    An ILLEGALLY ****er,will get a green card faster than you.And buddy, you did not mean to ask,if you should get married right?lol thats a joke right? Hello, you own mother is a US citizen for christ sakes.Why the hell are U looking for other options? and the F'N excuse from the INS backgroundcheck is a no brainer, its a pure lie and an excuse.Believe that bro.Find a REAL attorney..writing a congressman will not help you one tiny bit,I have never heard that a congressman could help a immigrant,not to mention a US citizen by a letter.Never worked never will.I wish it would do.I feel bad for you,for losing your job over it...
    I am still though in disbeliefe,that you live in the Unnited States for 13 years,and all you have is always a work permit???? and your mom is a us citizen??? somethings not right here.You need to do some serious research.

    PS: U can contact the FBI to see if your background check has been done or even submited.
    You have the right to ask for that and check your status.Freedom of information on your own behalf.Do it!
    And make sure you do it in writing...so U have some proof. </div></BLOCKQUOTE>

    I think you will find HBKHBK that your second assumption is the correct one! The Immigration system in the US is totally messed up, with caseworkers not knowing how to apply laws and finding it easier to ignore difficult petitions rather than dealing with them!!!

    This is exactly what has been happening to us for the past 4 years. My son entered with me, on a K-2 visa. He was 20. We applied for his AOS, all within the requirements of the law. It took years of badgering congressional rep's (who, I have to agree, are totally hopeless) and USCIS officials, attorneys, etc., to finally find out that they considered my son an "Age-Out" and were "doing us a favour" by leaving his documents pending - at least he could stay here and work.

    Well, that wasn't good enough. He has a life to live and it is very difficult, almost impossible to live here legally with no Green Card. His life has been "on hold" since he got here.

    We finally met with the USCIS District Director in Washington DC. We asked her where it said that a "child" of a K-2 had to be under 21 at the time of adjudication of his application for AOS? She couldn't show us and she told us that it was "implied"! She had no idea what the law was and her "legal specialists" couldn't figure it out either. It only says that a K-2 must be under the age of 21 at the time of APPLICATION for AOS. So, they pass the buck and send it to the AAO for a "certified" decision. God only knows how long that will take!!

    So, I wouldn't be surprsed is the OP is in the same situation as my son - only his mother didn't continually bother the USCIS for a decision on her AOS, as we have done with my son. Oh, and I have since become a US citizen, along with my daughter. It is only my son that is still being p*ssed about!

    The FBI background check takes seconds! They tried the same excuse with us, years ago, and I called the FBI in WV. They told me that the USCIS blame them all the time, when there is no evidene of the FBI being slow at all. They looked up my son's A# and told me the date it was done - a year previously - and that it took 29 seconds to complete. They are done electronically and forwarded electronically to the USCIS. The OP should get on to the FBI, pretty smartish, and eradicate that excuse!

Similar Threads

  1. Marriage and Immigration Nightmare
    By Dano in forum Immigration Discussion
    Replies: 33
    Last Post: 08-11-2008, 03:13 PM
  2. Nightmare!!!
    By malakai in forum Immigration Discussion
    Replies: 37
    Last Post: 07-29-2006, 08:49 PM
  3. this is one long nightmare.
    By malakai in forum Immigration Discussion
    Replies: 2
    Last Post: 06-20-2006, 05:38 AM
  4. what a nightmare!
    By zoka in forum Immigration Discussion
    Replies: 9
    Last Post: 02-16-2006, 08:03 PM
  5. I 485 Nightmare
    By Still Waiting in forum Immigration Discussion
    Replies: 22
    Last Post: 02-02-2006, 07:31 PM

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: