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Denied adjustment of status question. Please help!!!!

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  • Denied adjustment of status question. Please help!!!!

    Hello,

    I've been living in the US for many years. I have two US citizen children who are now 21 years old.
    One of them is going to petition for me and I"m a little concerned due to my lengthy past immigration violations.
    I'm from Mexico and have no criminal history, just immigration violations.
    My lawyer told me that there is a chance that I may get denied. Hearing this made weary of the consequences.

    Question. If I get denied, how many times can I appeal the denial and reapply/appeal?

    Thanks

  • #2
    The initial consequences depend on how you entered the U.S., legally or not. Do you have a record of legal entry?

    --Ray B

    Originally posted by rodrigo333 View Post
    Hello,

    I've been living in the US for many years. I have two US citizen children who are now 21 years old.
    One of them is going to petition for me and I"m a little concerned due to my lengthy past immigration violations.
    I'm from Mexico and have no criminal history, just immigration violations.
    My lawyer told me that there is a chance that I may get denied. Hearing this made weary of the consequences.

    Question. If I get denied, how many times can I appeal the denial and reapply/appeal?

    Thanks

    Comment


    • #3
      This lawyer sounds like he isn't sure about the law. It should be very clear-cut; either your history makes you ineligible for AOS, or it doesn't. If you are not ineligible, you shouldn't be denied (unless there are questions about the genuineness of your marriage or something like that); there is no maybe.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by rayb View Post
        The initial consequences depend on how you entered the U.S., legally or not. Do you have a record of legal entry?

        --Ray B
        All of the times I entered illegally. My lawyer indicated that it would be a hard case and may get me deported, even if I have 2 US born children.

        If denied, how many times do I get to appeal the judge's decision?

        Thanks

        Comment


        • #5
          If your most recent U.S. entry was undocumented, you will have to be processed for your visa in your home country, and a waiver must be included for overstayng, after first getting to the National Visa Center (NVC) following your I-130 petition approval by DHS.

          --Ray B

          Originally posted by rodrigo333 View Post
          All of the times I entered illegally. My lawyer indicated that it would be a hard case and may get me deported, even if I have 2 US born children.

          If denied, how many times do I get to appeal the judge's decision?

          Thanks

          Comment


          • #6
            Did this "lawyer" actually say "Adjustment of Status" (I-485)? If so, it sounds like he is just scamming your money because if you didn't enter legally, you are not eligible for Adjustment of Status. The only exception would be if someone filed a petition for you before 2001 in which case you might adjust through 245(i).

            This is my personal opinion and is not to be construed as legal advice.

            Comment

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