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**Mr. Froggy** · 08-03-2004, 01:24 PM

Can someone please tell me what will happen long term with my step kids who entered the country illegally but have a pending I-130 filed for them which is being processed in the Texas service center, There receipt date is Jan 27, '04. My wife also had a I-130, I-765 & I-485 filed on her at the same time but these are being processed in ATL. She already has received her I-766 approval and card and her S.S.# She has already had her biometrics appointment for her I-485 ap. It appears as though the kids are going to be processed long before she is. My immigration lawyer has told me that the kids will just get an approval but they cannot receive there green cards because of there legal status, thus just kind of hanging out there in limbo hoping for a law change.

Please advise.

**Glühbirne** · 08-04-2004, 12:22 PM

If they're under 18, I don't think the unlawful presence will be counted against them. They may have to leave the country to get thier greencards, but you probably won't have to file the I-601. Illegal presence doesn't start to accrue until the 18th birthday, at least that's what I've heard.

**Mr. Froggy** · 08-04-2004, 03:40 PM

Thanks for the response. My lawyer told me that if INS did some checking they could easily find out they are here. He said that if they return to Mexico then it might be a trap and they will get booted for 10 yrs. when they go to get their green cards at the consulate in Mexico.

**Katycab** · 08-04-2004, 07:37 PM

No, Glu is correct. They cannot currently receive adjustment of status, but they can exit and get their green cards at the consulate to return, as long as they do not accrue more than 180 days of unlawful presence after turning 18.

But don't lie about their presence! That would be committing fraud to obtain immigration benefit, and they could be barred for that!

**reina90** · 08-05-2004, 08:01 AM

Biometrics is for the work permit. When did you file your wifes 485? We have 485 pending in Atlanta also. What is your timeline if you don't mind posting it.

**Mr. Froggy** · 08-05-2004, 08:24 AM

Both of her aps. (I-485 & I-765) had a receipt date of Jan, 27th, 2004. Both of them stated that she needed a biometrics appointment. I tried several different times to get an appointment and finally after approx 6 weeks I got one for the beginning of April. They completed the biometrics for both her aps at the same time. It was only about two weeks later when she received her I-766 approval. I guess by the uscis web site that it will be another 2-1/2 yrs, before receiving her GC although I have read many stories in here about people getting there interviews way ahead of others ( what's up with that?) My wife has not seen her family in 6 yrs. and we are axiously awaiting her time to come so we can go to Mexico for a visit with no worries. Hope this answered your questions.

**reina90** · 08-05-2004, 08:48 AM

My hubby is also from Mexico. Our application has been pending since March 2002. Biometrics is different from 485 prints. When hubby sent in the work permit renewal he got back a letter telling him to call to set up his biometric appointment which we did July 27. His new work permit should be arriving shortly. Where did you go for biometrics? This last time we drove to Birmingham, the past 2 times we had to go all the way to Atlanta. I have my congressman and senator looking into why we haven't been called for anything that may lead to the fingerprints for the 485 as they have had cases taking up to a year just for the fingerprints to come back.There are MANY people who filed up to 18 months after we did that have have prints and some have interview dates! That is soooooo not right! My hubby hasn't been to see his mom and dad for going on 10 years. Atlanta is by far the worst!

**Mr. Froggy** · 08-05-2004, 08:56 AM

Yea, I don't understand why it has been different for different people. As I said my wife had hers done at the same time the biometric were taken for her I-765. If you sign up on the uscis website you can view the latest activity with any of your aps. My wife's I-485 ap shows that they have alreay received her fingerprints and processing has resumed on her case (I believe that just means it was put back in the que). All I know is that it is very sad that you must go through all this red tape just because you happened to fall in love with someone from another country.

**Mr. Froggy** · 08-05-2004, 09:00 AM

Sorry. I missed answering your question. We went to a building on Buford Hwy. just north of Atlanta inside the perimeter.

**reina90** · 08-05-2004, 09:03 AM

See I don't understand that! My hubby hasn't been for fingerprints for the 485 and we have been waiting for 28 months? He has renewed work permit twice. We were told by several people that usually after you get that third work permit, your other things come. I hope and pray they are right. This has been a nightmare. At least when he does get his GC he will get the 10 year card. How hard can it be to see this is a true marriage? We've been married over 8 years, have 2 kids together, share everything, we waited for 4 years before filing anything, how hard can it be?

**reina90** · 08-05-2004, 09:04 AM

So you live in Atlanta? We're in Alabama

**Mr. Froggy** · 08-05-2004, 09:08 AM

Believe me, I completely understand. Not only do I have to worry about my wife (she arrived legal but let her I-94 expire) but as in the opening statement, I have two step children that are here and have never been here legally. I too have been with my wife for a good while (3 yrs. living together married since Dec, '03). As you said, you would think by this point it would be cut and dry! All I can say is hang in there and good luck to you and your husband.

**Mr. Froggy** · 08-05-2004, 09:09 AM

Yea. I live approx. 30 minutes north of the city up I-75.

**reina90** · 08-05-2004, 09:12 AM

Thank You and good luck to you and your family! Where there is a will there IS a way!

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