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Help! Consular Processing while living in the US?

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  • Help! Consular Processing while living in the US?

    My family and I entered the U.S. on a non-immigrant Visa in 1986. We over-stayed our visa and lived in the U.S. ever since. We have never return to our Country or left the US since 1986.

    My sister marry a U.S. Citizen and she eventually became a US citizen. When my Sister became a US Citizen she petitioned for my mother and me in July 2002. When my Mother became a Permanent Resident in 2004, she sent an i130 form for me. I was 31 years old at the time of the petition. My Mother received a i-797c Notice of Action in May 2005, stating that the i130 had been approved and that they sent the original visa petition to the National Visa Center (NVC). Sometime in November 2005, I received a notice from NVC stating that there were no visas available at this time.

    My Mother became a US Citizen in July 2009 and I sent a letter to the NVC advising them of my Mother's change of status. On October 2009, my mother and I received a notice from NVC and we provided them with all the information they required (i.e. Affidavit of Support, etc.).
    Last week, I received a letter from NVC stating that they scheduled an interview for me in July 2010 in my original country. I called the NVC and they told me to call CIS. CIS told me to call NVC. I tried to explain to both of them that I have lived in the US since 1986, but like I said they pointed at each other.

    After reading articles in this website (Thank you for all the information) I realized that I was placed under Consular Processing, eventhought I wrote my US address on the i130 and all NVC paperwork.
    I cant go back to my original country because I am afraid that I may not get a visa since I've been here illegaly in the US. Should I sent the i485 now?

    If anyone has some advice, I would really appreciate it.

  • #2
    Read & Write

    I am sure you must have read this link
    http://www.immihelp.com/immigrant-visa.

    When NVC send you a letter, they usually give you 30 days to notify them if you want AOS here in USA or do CP. If you do CP, in your case, you may be barred from re-entering the USA for up to 10 years and getting a waiver for that is a very lengthy process and usually very difficult to get it. I suggest you must write a letter to NVC, and tell them clearly that you want to do AOS here in USA. You must act very quickly, I will say within a week, before your case is sent out to your home country for CP. And please remember I am not an attorney

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    • #3
      Thanks for the info. Do you know how section 245i would affect me?

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      • #4
        Nope!

        Section 245(i) does not apply in your case. The last deadline was April 30th 20001. If a visa petition had been filed for you by April 30th 20001, then you would have been eligible for it. You came to USA in 1986, since then there had been quite few opportunities to adjust the status under different amnesties until April 30th 20001. But it is too late now. Unless congress passes a comprehensive immigration reform. Good Luck

        Additional notes: Unless you are married to a USC, you have no choice to adjust your status while in USA if you have overstayed and lived in USA without any status. You will have to do CP and staying beyond the authorized stay, will trigger re-entry bar upto 10 years.
        Last edited by hotelier73; 05-15-2010, 08:39 AM.

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