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    Hello all I'm new..here's a lil background on my situation. Okay so I'm 26 and I'm a single mom. I was bought here illegal by my dad's mom when I was about 5 years old. She's a US citizen. She and her now US citizen husband adopted me after 2001. The I130 was filed , I485 etc;but come to find out I will need to go back home to my country of Jamaica and if I left the USA I would be barred for 10 darn years! I couldn't believe it and my grandmother (adopted mother) knew that! I never went back home. I'm currently under the DACA program. I've recently come to find out that I'm bisexual and I've reconnected with this female that went to high school. We are looking to get married. She's a US citizen. Now my question is when we start the paperwork would I need to go back home? I don't know anything about Jamaica. It's just me and my daughter who was born here. I've heard of that waiver that we can file so I can stay here while the adjustment of status is being processed. Has anyone gone through something like this before? Being illegal getting married and not having to be sent back home? Please give me some insight because I don't want to leave my daughter. I have no other family that I'm aware of back home in Jamaica. Like many I have no idea what my country is like. Thank you so much for taking the time to read it

  • #2
    Originally posted by shanb91 View Post
    Hello all I'm new..here's a lil background on my situation. Okay so I'm 26 and I'm a single mom. I was bought here illegal by my dad's mom when I was about 5 years old. She's a US citizen. She and her now US citizen husband adopted me after 2001. The I130 was filed , I485 etc;but come to find out I will need to go back home to my country of Jamaica and if I left the USA I would be barred for 10 darn years! I couldn't believe it and my grandmother (adopted mother) knew that! I never went back home. I'm currently under the DACA program. I've recently come to find out that I'm bisexual and I've reconnected with this female that went to high school. We are looking to get married. She's a US citizen. Now my question is when we start the paperwork would I need to go back home? I don't know anything about Jamaica. It's just me and my daughter who was born here. I've heard of that waiver that we can file so I can stay here while the adjustment of status is being processed. Has anyone gone through something like this before? Being illegal getting married and not having to be sent back home? Please give me some insight because I don't want to leave my daughter. I have no other family that I'm aware of back home in Jamaica. Like many I have no idea what my country is like. Thank you so much for taking the time to read it
    If you marry a USC and file for adjustment of status, then you are able to stay in the US while your adjustment is pending, however that being said, you also have to prove that your marriage is legitimate, and not just a way to stay in the US and obtain your green card, you also will need to provide evidence of a bonafide marriage. it's a long process and very tedious. all that being said, I am not one to immediately pass judgement without knowing the person, but unfortunately just by what you've mentioned so far, it would appear that you're only trying to get married so that you're not sent back. I'd recommend treading very lightly and making sure you're willing to deal with the consequences if your application is denied, which means returning to your home country and dealing with the 10 year ban that you were trying to avoid. I wish you the best of luck and hope everything works out for you.
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

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    • #3
      Originally posted by shanb91 View Post
      Hello all I'm new..here's a lil background on my situation. Okay so I'm 26 and I'm a single mom. I was bought here illegal by my dad's mom when I was about 5 years old. She's a US citizen. She and her now US citizen husband adopted me after 2001. The I130 was filed , I485 etc;but come to find out I will need to go back home to my country of Jamaica and if I left the USA I would be barred for 10 darn years! I couldn't believe it and my grandmother (adopted mother) knew that! I never went back home. I'm currently under the DACA program. I've recently come to find out that I'm bisexual and I've reconnected with this female that went to high school. We are looking to get married. She's a US citizen. Now my question is when we start the paperwork would I need to go back home? I don't know anything about Jamaica. It's just me and my daughter who was born here. I've heard of that waiver that we can file so I can stay here while the adjustment of status is being processed. Has anyone gone through something like this before? Being illegal getting married and not having to be sent back home? Please give me some insight because I don't want to leave my daughter. I have no other family that I'm aware of back home in Jamaica. Like many I have no idea what my country is like. Thank you so much for taking the time to read it
      Did you enter the US legally or illegally? If you entered the US legally, you should have been able to do Adjustment of Status in the US when petitioned by your US citizen adoptive parent when you were under 21. If you entered the US legally, you would also be able to do Adjustment of Status in the US after marrying a US citizen and being petitioned by your US citizen spouse, regardless of how long you may have overstayed. No waiver is needed, as you don't have a ban if you haven't left the US.

      However, if you entered the US illegally, you are generally not eligible for Adjustment of Status, even if you are a spouse, parent, or underage child of US citizen. (There is only one exception where you could do Adjustment of Status, and that is if you were the beneficiary (or your parent was the beneficiary before you were adopted) of an immigrant petition filed before 2001.) There was previously a way for DACA beneficiaries to fix that -- from 2012 to 2017 DACA beneficiaries could apply for Advance Parole to leave the US and return to the US if you can provide some humanitarian reason (e.g. visit an ailing relative) -- when you were paroled back into the US, that is considered a legal entry that allows you to later do Adjustment of Status if you are the spouse, parent, or underage child of US citizen. However, they no longer issue APs for DACA beneficiaries since September 2017, so this route is no longer available if you didn't use it. If you entered illegally, there really isn't any good options for you at this point. As you said, you have accrued enough "unlawful presence" to trigger a 10-year ban if you left the US. To get an immigrant waiver for this ban, you would need to show that your US citizen or permanent resident spouse or parent would suffer "extreme hardship" if you can't be in the US. You can apply for a provisional waiver with I-601A and get the decision before leaving the US. That's probably the waiver you are talking about. However, "extreme hardship" is very hard to show.
      Last edited by newacct; 10-27-2018, 02:12 AM.

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

      Comment


      • #4
        Originally posted by shanb91 View Post
        Hello all I'm new..here's a lil background on my situation. Okay so I'm 26 and I'm a single mom. I was bought here illegal by my dad's mom when I was about 5 years old. She's a US citizen. She and her now US citizen husband adopted me after 2001. The I130 was filed , I485 etc;but come to find out I will need to go back home to my country of Jamaica and if I left the USA I would be barred for 10 darn years! I couldn't believe it and my grandmother (adopted mother) knew that! I never went back home. I'm currently under the DACA program. I've recently come to find out that I'm bisexual and I've reconnected with this female that went to high school. We are looking to get married. She's a US citizen. Now my question is when we start the paperwork would I need to go back home? I don't know anything about Jamaica. It's just me and my daughter who was born here. I've heard of that waiver that we can file so I can stay here while the adjustment of status is being processed. Has anyone gone through something like this before? Being illegal getting married and not having to be sent back home? Please give me some insight because I don't want to leave my daughter. I have no other family that I'm aware of back home in Jamaica. Like many I have no idea what my country is like. Thank you so much for taking the time to read it
        Hey, I can only imagine how beautiful your daughter is.

        As you mentioned , an I130 and I485 was filed by your grandmother (Adopted mother) but you?d have to go back home ? Hmm. I think you should speak with an attorney if you?re hearing this from another person or your adopted mother. I know a woman (long story who came here illegally) and she never had to go back home. She is adjusting fine. Please speak with an attorney.

        In addition to that , if you?re going to adjust through marrying your now girlfriend you will not have to go back home.. I hope you have your I94 available since you came here so young. The DACA to filing for AOS is an adjustment that you should speak with someone who is experienced about. I sense you line in NYC. There are tons and tons of free programs that will guide you through this for FREE.
        All the best
        C9 Spouse of USC
        NYC Filer
        04/13/18 - PD
        05/04/18 - Bio notice
        05/23/18 - Bio completed
        09/18/18 - RFIE mailed
        09/22/18 - RFIE Rcv'd
        10/09/18 - Responded to RFIE
        10/10/18 - USCIS Received RFIE
        10/12/18 - Text & email Update from dhs rcv'd response to RFIE
        10/12/18 - Submitted a SR form I-765
        10/25/18 - Case is ready to be scheduled for an interview
        11/14/18 - Submitted 2nd SR for form I-765
        11/26/18 - NOA for I765
        11/30/18 - Rcv'd SS card
        12/06/18 - Rcv'd EAD

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        • #5
          Originally posted by shanb91
          NO ONE CAN JUDGE US ONLY GOD😊
          God and USCIS, unfortunately.
          2/20: Received at Chicago lockbox
          4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
          4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
          4/19: Request to expedite EAD
          5/11: Received EAD
          6/26: Applied for Advance Parole
          8/09: Advance Parole approved
          8/29: Scheduled for Interview
          10/11: Interview
          10/12: RFE on I-130 (misplaced G28)
          10/16: Sent new G28
          10/19: Approved!

          Comment

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