I130 approved but saying i have to leave the country

[ana1987]

okay if i go the way my mom is taking this and to say i will go to mexico and wait for the visa number..... will i be barred...???????????? i mean ive been here since like pre-k and entered illegally........ WILL I BE BARRED? and for how long????????

[peace]

DO NOT LEAVE US. EWI makes you inadmissible
once you leave the country. It will apply in both cases ;whether you go by your mom or your husband.

There are exceptions possible and I honestly suggest you to consult a very good immigration attorney.
EWI is complex issue, so a good attorney will guide you properly even if you have to spend some money.



Read this passage from the Govt. state dept. web site that applies to you;

A) ALIENS PRESENT WITHOUT admission or parole.-

(i) In general.-An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.

(ii) Exception for certain battered women and children.-Clause (i) shall not apply to an alien who demonstrates that-

(I) the alien qualifies for immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1),

(II)(a) the alien has been battered or subjected to extreme cruelty by a spouse or parent, or by a member of the spouse's or parent's family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, or (b) the alien's child has been battered or subjected to extreme cruelty by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty) or by a member of the spouse's or parent's family residing in the same household as the alien when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, and

(III) there was a substantial connection between the battery or cruelty described in subclause (I) or (II) and the alien's unlawful entry into the United States.

okay if i go the way my mom is taking this and to say i will go to mexico and wait for the visa number..... will i be barred...???????????? i mean ive been here since like pre-k and entered illegally........ WILL I BE BARRED? and for how long????????

[curiousone]

DO NOT LEAVE US. EWI makes you inadmissible
once you leave the country. It will apply in both cases ;whether you go by your mom or your husband.

There are exceptions possible and I honestly suggest you to consult a very good immigration attorney.
EWI is complex issue, so a good attorney will guide you properly even if you have to spend some money.



Read this passage from the Govt. state dept. web site that applies to you;

A) ALIENS PRESENT WITHOUT admission or parole.-

(i) In general.-An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.

(ii) Exception for certain battered women and children.-Clause (i) shall not apply to an alien who demonstrates that-

(I) the alien qualifies for immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1),

(II)(a) the alien has been battered or subjected to extreme cruelty by a spouse or parent, or by a member of the spouse's or parent's family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, or (b) the alien's child has been battered or subjected to extreme cruelty by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty) or by a member of the spouse's or parent's family residing in the same household as the alien when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, and

(III) there was a substantial connection between the battery or cruelty described in subclause (I) or (II) and the alien's unlawful entry into the United States.

She has no option, she has to leave and apply for the immigrant visa overseas. She will b edenied na dthen she will apply for the waiver. They are granted all the time, depnding on her circumsatnces. But unless shes battered or had her I-130 file dbefore April 30, 2001, she must leave.

[ana1987]

re:anyone that can help

my question is if i could get barred?
i filed after april 2001.

another question,,,, i am 18 going onto 19 this month .... am i an adult in immigration laws or is it 21???????????

[curiousone]

my question is if i could get barred?
i filed after april 2001.

another question,,,, i am 18 going onto 19 this month .... am i an adult in immigration laws or is it 21???????????

For purposes of speed and classification when your mother filed, youre a minor. For purposes of calculating overstay, youre an adult after 18. However, your age is actually a blessing and you perhaps should have left on your 18th birthday because overstays while under 18 do not legally count against you and they can only count those after you turn 18.

Yes, of course you can be barred for 3 years ( one year overstay between your 18th and 19th birthday). thats what the law says but you can apply for and obtain a waiver. Lots of people get them. You do need an experienced attorney to help apply for the waiver on your behalf and if done properly, you will get it but waiting in Mexico for the waiver to be approved is inevitable. Talk to an attorney now as to how to proceed. Are you in California?