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So you're telling me there's a chance? Visa Overstay, AOS, I-130 & 245(i) questions!

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  • So you're telling me there's a chance? Visa Overstay, AOS, I-130 & 245(i) questions!

    Posted on another forum too but have not yet received adequate detailed information so I'm trying my luck here! All advice and information is greatly appreciated. Let me start by outlining how I reached my precarious predicament....

    Arrived in the U.S. back in 1996 on a tourist Visa (I was over 21 at the time), visiting my parents in Florida. In the next year my parents split up and my mother was left to take care of my 2 younger brothers. So to help her out I got a 6 month visa extension and when that expired I made the difficult choice to stay on, partially based on some bad advice from a so called ˜immigration expert'. If there was a legal option to stay with the people I loved most I certainly would have chosen that route. We moved to Georgia and in 1998 my mother and brothers received their Green Cards and she immediately filed an I-130 petition for me, the unmarried child (son), 21 or over, of a permanent resident. Again I received bad advice and was told at the time that I would be legalized within 18months and would only need to pay a $1000 fine.

    Well in 2001 I received a notice that the I-130 had been approved. The notice had a receipt date of Jan. 1999, a priority date of Dec. 1998, and a notice date of June 2001. I soon learned that it would take many years until the priority date would become current so I accepted this grim reality and decided to stay in the U.S. My priorities were with my mother and brothers and I had fallen in love with the U.S. so I decided that I would stay under the radar and just pray for a favorable outcome.

    Fast forward to 2007, I recently realized that the current visa bulletin is not too far off my priority date. The current August Visa Bulletin has the date listed for second priority (2B) preferences as 08APR98. Reading the last few visa bulletins it seems as though each month's visa bulletin processes 2 months of petitions (for the 2B preference category). If this pattern continues it would mean that my Dec98 priority date would become current in December of this year!

    So I thought I would read up as much as possible about the correct manner for someone in my position to proceed. Unfortunately, this just lead to more confusion. Btw My mother had applied for her citizenship in 2006, she had gone to the interview, passed the exam, but her application is stuck in background check status. Two letters to USCIS had the same result - a standard letter in return with the checkbox marked for a pending background check. And from what I have read about this form of purgatory it might take years to be resolved. It feels as though the immigration gods have a grudge against us but I'm sure many of you feel that way.

    So again I have accepted my lot (with a bucket of salt). I had heard that it would be much easier and quicker for me to adjust my status if my mother was a citizen – well maybe this might happen soon but I'm not counting on it. So here are the questions I'm hoping to resolve....

    I had initially read that since I had overstayed my visa by more than a year I would be subject to a 10yr ban if I ever tried to adjust my status. But I recently learned that I might be eligible for provision 245(i) that would allow me to adjust my status without leaving the country. I would only need to pay a fine (so that ˜immigration expert' might have told a partial truth). So can someone please let me know if I am indeed eligible for this provision and what are the chances such a provision would be approved?

    Once my priority date is current I would file an I-485 with the supplement A to form I-485 along with the $1000 fine?

    Assuming this is correct does anyone know if this type of application has a reasonable rate of success considering my uber-clean background (excluding the overstay of course!). Also what happens to my status after I file the application? What about timeline's for initial interviews etc? Anyone gone through a similar experience?

    In the event that my mother soon becomes a citizen I assume I would immediately vault into the first preference category that has a priority date of Aug 2001. But how would this affect my current I-130 petition?

    My last concern is that the address listed in my petition is no longer current so I'm not sure how to address this problem. I would prefer not to bring any attention to myself until my priority date is current. So to all the experts out there what is the best and safest way to proceed?

    Thanks for all advice!

  • #2
    Posted on another forum too but have not yet received adequate detailed information so I'm trying my luck here! All advice and information is greatly appreciated. Let me start by outlining how I reached my precarious predicament....

    Arrived in the U.S. back in 1996 on a tourist Visa (I was over 21 at the time), visiting my parents in Florida. In the next year my parents split up and my mother was left to take care of my 2 younger brothers. So to help her out I got a 6 month visa extension and when that expired I made the difficult choice to stay on, partially based on some bad advice from a so called ˜immigration expert'. If there was a legal option to stay with the people I loved most I certainly would have chosen that route. We moved to Georgia and in 1998 my mother and brothers received their Green Cards and she immediately filed an I-130 petition for me, the unmarried child (son), 21 or over, of a permanent resident. Again I received bad advice and was told at the time that I would be legalized within 18months and would only need to pay a $1000 fine.

    Well in 2001 I received a notice that the I-130 had been approved. The notice had a receipt date of Jan. 1999, a priority date of Dec. 1998, and a notice date of June 2001. I soon learned that it would take many years until the priority date would become current so I accepted this grim reality and decided to stay in the U.S. My priorities were with my mother and brothers and I had fallen in love with the U.S. so I decided that I would stay under the radar and just pray for a favorable outcome.

    Fast forward to 2007, I recently realized that the current visa bulletin is not too far off my priority date. The current August Visa Bulletin has the date listed for second priority (2B) preferences as 08APR98. Reading the last few visa bulletins it seems as though each month's visa bulletin processes 2 months of petitions (for the 2B preference category). If this pattern continues it would mean that my Dec98 priority date would become current in December of this year!

    So I thought I would read up as much as possible about the correct manner for someone in my position to proceed. Unfortunately, this just lead to more confusion. Btw My mother had applied for her citizenship in 2006, she had gone to the interview, passed the exam, but her application is stuck in background check status. Two letters to USCIS had the same result - a standard letter in return with the checkbox marked for a pending background check. And from what I have read about this form of purgatory it might take years to be resolved. It feels as though the immigration gods have a grudge against us but I'm sure many of you feel that way.

    So again I have accepted my lot (with a bucket of salt). I had heard that it would be much easier and quicker for me to adjust my status if my mother was a citizen – well maybe this might happen soon but I'm not counting on it. So here are the questions I'm hoping to resolve....

    I had initially read that since I had overstayed my visa by more than a year I would be subject to a 10yr ban if I ever tried to adjust my status. But I recently learned that I might be eligible for provision 245(i) that would allow me to adjust my status without leaving the country. I would only need to pay a fine (so that ˜immigration expert' might have told a partial truth). So can someone please let me know if I am indeed eligible for this provision and what are the chances such a provision would be approved?

    Once my priority date is current I would file an I-485 with the supplement A to form I-485 along with the $1000 fine?

    Assuming this is correct does anyone know if this type of application has a reasonable rate of success considering my uber-clean background (excluding the overstay of course!). Also what happens to my status after I file the application? What about timeline's for initial interviews etc? Anyone gone through a similar experience?

    In the event that my mother soon becomes a citizen I assume I would immediately vault into the first preference category that has a priority date of Aug 2001. But how would this affect my current I-130 petition?

    My last concern is that the address listed in my petition is no longer current so I'm not sure how to address this problem. I would prefer not to bring any attention to myself until my priority date is current. So to all the experts out there what is the best and safest way to proceed?

    Thanks for all advice!

    Comment


    • #3
      Did you read some of these replies?

      Comment


      • #4
        Magoo
        Your chances are high. Since your mom petitioned for you prior APR 30 2001 you are eligible to adjust status under section 245i. If your mom would become citizent prior your 2B priority date becomes current she would have to file another I-130 and asked USCIS to retain your priority date from previous filed application. I`m not sure if its worth to do that since your 2B priority date is not to far away.As far as it comes to your overstay , supplement A with $1000 fee will take care of it. You will also need a proof of presence on Dec 20th 2000. Make sure you have a good lawyer and everything should go smoothly. Good Luck !!!

        Comment


        • #5
          You dont have to worry about the address on your I-130 petition approval notice. Once you file for adjustment of status you will provide USCIS with your current address.
          Your whole package should include.

          I-130 approval notice
          I-485 application to adjust status
          I-485 summplement A
          Any proof of presence on DEC 20 2000
          I-765 work authorization application
          plus fees ,photos, birth certificate, copy of your passport with I-94......maybe more .Talk to
          your lawyer. Good Luck !!!

          Comment


          • #6
            RationalE, Of course I read it since I posted that thread as I explained in my posting above! I am trying to get as much information as possible about my situation and there are still issues I need resolved.

            Rida, I plan to submit everything myself or do you think I would definately need a lawyer?

            As far as proving that that I was in the country on Dec. 20th 200 what type of proof would be appropriate? I'm guessing that my original visa with the 1996 entry date would not be sufficient?

            Comment


            • #7
              Rida,

              Do you mean the original I-130 approval notice? Or would USCIS send me an updated notice once my priority date becomes current - hence my concern about the address change?

              I-765 work authorization application - would I file this with the I485 & supp?

              Thanks for your help!

              Comment


              • #8
                Magoo,

                You will have to submit everything in one step package. See above my post. I forgot to add your medical exam. I would recommend you to use a lawyer since you don`t sound too much experienced. Remember
                any mistake can cost you long delays in processing your application. As far as it comes to proof of presence on DEC 20th 2000. This is a part of eligibility for 245i. It can be anything like bank statment, phone bills, school records,letters etc. IT MUST SHOWN A DATE OF DECEMBER 2000!!!!!!!!!!
                Your visa with 1996 entry date is not a proof.
                Again, your proof must be dated around DEC 20 2000!!!!!!!!!!!!

                Comment


                • #9
                  I guess copy of your original 1-130 approval notice is enough but again you must check this with lawyer . USCIS will not send you any updates. Its up to you to follow up and file for adjustment of status when your PD becomes current.

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">RationalE, Of course I read it since I posted that thread as I explained in my posting above! I am trying to get as much information as possible about my situation and there are still issues I need resolved.
                    Rida, I plan to submit everything myself or do you think I would definately need a lawyer?
                    As far as proving that that I was in the country on Dec. 20th 200 what type of proof would be appropriate? I'm guessing that my original visa with the 1996 entry date would not be sufficient? </div></BLOCKQUOTE>


                    The reason I asked is that those replies contain good deal of answers to your questions (if you look for a comprehensive legal advice you may need to consult an immigration lawyer who specialises in your type of cases).

                    As to proof of your being here on December, 2000, since you have an I-94 preceding year 2000 (you say it's dated 1996) what more proof do you need?

                    Perhaps having the child born nine months later to US resident woman, along with medically verified DNA lab. results confirming that you are the father (on top of tons of individual witnessess of your presence) would be a kind of insurmountable evidence that 10.000.000 USDA's (if existed) wouldn't be able to challenge (in case if you were EWI from Southern hemisphere applying for relief under 1986 type of legislation), but no such proof should be necessary in case like yours


                    In any event, wish you good luck

                    Comment


                    • #11
                      RationalE,

                      I-94 with preceding year 2000 is not a proof of presence on DEC 2000. I also have 245i case. This info comes from my lawyer!!!

                      Comment


                      • #12
                        Well- proof of presence around Dec. 2000 should not be an issue. I have a Drivers License that was issued in early 2001 as well as a few membership cards issued around this date. I'll probably be able to dig up further proof if needed.

                        Rida - you say you have a 245i case? Is it similar to mine? Did you ever ask your lawyer if I-765 work authorization application would slow down the approval process?

                        Comment


                        • #13
                          what hor$e$hit...another whining illegal blaming others because this $hitbag was (and is) too irresponsible to obey our laws..."this person told me that, this other person told me this"...no doubt you are so stupid to believe that krap...but also...where have you been working (illegally) all these years? Who told you that you "must" do that as well?
                          You are so effin irresponsible and dumb that it is beyond description....no one made you stay, dirtbag,....no one....and the airlines have been running virtually every day....so you have NO excuses except that you are a dirtbag.

                          Comment


                          • #14
                            why would you think I-765 will slow down your process??? It is opposit. You will receive your work permit prior your green card approval.

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">RationalE,
                              I-94 with preceding year 2000 is not a proof of presence on DEC 2000. I also have 245i case. This info comes from my lawyer!!! </div></BLOCKQUOTE>

                              Well, then make sure you have all the necessary proofs.

                              Comment

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