time to file for I485?

[ChiGa]

Hello all
I am so glad to see so many helpful and nice people here. The issue I have right now is about my Fiancé. Her situation is that she came to US in August 2001 without papers or any other form of checking. She is now 22, born in December 1987. I am a US citizen.

After her dad became Permanent Resident, he filed “I130 Petition for Alien Relative” for her and her mom in October 2006. After filling the I130 she received I-797 Notice of Action on November 24 2006 (at the time she was 19 years old). Then On July 9, 2009 she received a second I-797Notice of action,

“Notice Type: Approval Notice”
Section: Unmarried Child under 21 of permanent resident, 203 (a) (2) (A) INA

Basically it said that her petition has been approved and the original visa petition is sent to NVC. However, she has not received any type of letter from NVC yet. Her lawyer says not to worry just wait and see what happens. Her mom received a letter two months ago from NVC for the payment of fee. But there was no letter for her. I checked the Visa bulletin and her priority date (November 24 2006) just became current this month.

So my questions are:
1) Should she contact the NVC or congressmen about her case?
2) Since she came here without inspection and after Dec 21 2000, how does that change her case?
3) If I marry her is there anything I can do as citizen to help her?
4) Should she just volunteer go back to India and I go there and marry her and file for K1visa? Can she be barred from US?

I have surfed the website and internet trying to find a similar case like her but came up empty handed. Sorry for lots of questions .
I think I will be using this website for a longtime now, Thank you so much for replies in Advance.

[hotelier73]

Limited options!

If I understood correctly, you mean she entered the USA illegally? If this is the case and she stayed for more than 180 days she is barred from obtaining legal status for 3 years. If more than 1 year then she is barred from obtaining legal status for 10 years. If she is married to a U.S. citizen she would qualify for immediate lawful permanent residency. However, to obtain LPR status she would have to return to her country for CP and the 3/10 year bar would apply. She can apply for hardship waivers but no one can give any guarantee. Either way, if she has an approved I-130 as field by her father, or you come in the picture and file I-130 for her, chances are she would not be able to adjust her status while in the USA. I will suggest consulting with a competent immigration attorney and know you options. And also let me remind you that I am not an attorney.

[ChiGa]

Thank you so much for fast reply!

Thank you so much for your fast reply. Yes you understood correctly, She did came here illegaly. We are looking for a better lawyer right now, but I'm just trying to get some information to discuss with the lawyer.

So for right now should we contact the NVC and see what happens with her case? Also who gives her the bar? (USCIS or NVC)

Thanks again for reply, in advance

[hotelier73]

No Choice!

If I am right, I believe NVC is controlled by the DOS. Whereas, USCIS is under DHS. DHS has the authority to enforce immigration laws using different arms of the law, like ICE, CBP, USCIS etc, along with other responsibilities. She might have an approved I-130 as filed by her father, but she would have to file for AOS with USCIS. And here come the consequences. USCIS most probably would deny her AOS and would place her in removal proceedings. And it sure won't be pretty. Just Google this and you will see what happens. There is no law in USA which would allow her to do AOS while in USA. Look for a good old competent attorney and just do consultation to see your options. I feel sorry for her but unless Congress passes a comprehensive immigration reform, nothing could be done about her situation.

[ChiGa]

Thank you for responce

Thank you so much for your response.

From what I been reading I was afraid that's what going to happen. I was wondering if she can file I 589 application for Asylum and for "Withholding of removal" before she files her I 485? And what happens if that I589 is denied will she be deported or if it is approved can she file for I 485?

Because all of her family is in US and no one is back in India, there is a good chance that she'll be abused if she goes back because she'll be by herself.

I'm sorry to ask you so many questions but I'm just trying to understand our options.

Again thank you so much.

[hotelier73]

That's all!

These website have tons of information. You can read around and make yourself aware of it. No one can tell you about the outcome of any case/s. Here is the link for asylum, https://www.immihelp.com/asylum-based-greencard/. Anytime when you have a complicated case, it is always better to consult with an immigration attorney. Good Luck