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Am I still have hope???

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  • Am I still have hope???


    HI, I don't know what to do. Please help. 5 years ago I got married and filed for adjustment of status. I applied for advance parole and got it. My father passed away so I went back to my country to comfort my mom and my brother. When I came back to the US and went for the interview, my case got pending because I violated the rule. I was overstayed before applying for adjustment status. Wasted a lot of money for the lawyers to file for the waiver and still waiting for the answer since then. My married didn't work out well so we ended up in divorced .
    My mom and my brother ( 17 years old) went to the US last year and married. They got the condition greencard now. My step father want to sponsor for me as he did for my mom and my brother. Can he be able to do that? DO I still have hope? Am I considered as " unmarried" child?
    Please help me.

  • #2
    You can not be sponsored this way. You need to be under 18 to be a dependent under your mom's petition made by your stepfather.

    Now, your only hope is wait until your mom becomes a citizen, and have her file I-130 for you (she can do it now as a resident and upgrade it later).

    Other than that, your other case is void/null since you divorced. Have you not been place in removal proceedings yet?
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      what can I do?

      HI PraetorianXI,
      Thanks for taking time responding to my letter. I didn't hear any news from the immigration since then. But how can they find out if I am divorced or not? Do they have any system to find out? usually with the people like me, what happen to them? Is there any way I could safe myself from the deportation ( if it happen?)
      If I married somebody with the greencard, can they sponsor for me?
      Thanks for your patient.

      Comment


      • #4
        one more thing

        oh PraetorianXI, I have another question too, my mom now is holding a " condition green card", can she still sponsor for me? And how can she upgrade for me later on if she could? She wants to go back to my country for visit, if she come back and forth, how long can she be able to stay outside the us in a year ( if she come back and forth a lot of time)
        Again, thanks for your patient.

        Comment


        • #5
          You would need someone to be an US citizen for you to get a green card.

          USCIS will not know automatically that you divorced. But later on, they will find out, when you file to renew your GC or to get citizenship and because you obtained a GC with fraud, you will be deported for life.
          Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

          Comment


          • #6
            oh PraetorianXI, I have another question too, my mom now is holding a " condition green card", can she still sponsor for me? And how can she upgrade for me later on if she could? She wants to go back to my country for visit, if she come back and forth, how long can she be able to stay outside the us in a year ( if she come back and forth a lot of time)
            Again, thanks for your patient.
            Edit/Delete Message

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            • #7
              Your mom can sponsor you now and upgrade the petition later. But if she leaves the USA for more than 6 months she will break her continuos residency for naturalization and the counter will reset. So it will take longer.

              For her to stay outside of the USA longer than 1 year she needs a re-entry permit (i-131).

              Either way your mom sponsoring you will take a while, several years, before you can get a GC.
              Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

              Comment

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