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  1. #1
    Join Date
    May 2009
    Posts
    3

    Arrow I-94 Expired, I-130 Approved

    Hi. I came to US with B2 visa 4 years ago. My mother is permanent resident and she filed a I-130 for me. Since then 1,5 years later, my I-94 expired. Now I have been overstayed 2,5 years and I-130 just got approved. Is there anything I can do to go on with a process and get legal status here in States or because I have overstayed I do not have any chance?

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I-94 Expired, I-130 Approved

    With the approved I-130 you would normally go to an interview in your home country; as you're unlawfully in the U.S., that's problematic - if you leave, your period of ineligibility to return commences. I don't see an easy way to unravel your situation, and suggest talking to an immigration lawyer.

  3. #3
    Join Date
    May 2009
    Posts
    3

    Default Re: I-94 Expired, I-130 Approved

    when i filed i-130, i marked from option, that im already in U.S. and gave them address. why should i go to an interview to my country?

    anyone who have had same problem, experience? thanks!

  4. #4
    Join Date
    Jun 2009
    Posts
    2

    Default Re: I-94 Expired, I-130 Approved

    Quote Quoting nameisaname
    View Post
    when i filed i-130, i marked from option, that im already in U.S. and gave them address. why should i go to an interview to my country?

    anyone who have had same problem, experience? thanks!
    Hi , I am having the same problem as yours , my dad filled for i130 in july 2006( i was 16) and got approved last week (i am 19). i have been overstaying for 8 years . Immigration center said the sent the petition to the national visa center , but i dont know how much will they take to process my case . i am waiting for a 2a type visa .. do you know the waiting time ? thanks

  5. #5
    Join Date
    Jul 2009
    Posts
    2

    Wink Re: I-94 Expired, I-130 Approved

    Hi,

    any of you have to leave the country to get aproved....
    just go to the interview and you'll see everything would be OK!

    If you leave that will be a mayor issue on your record.

  6. #6
    Join Date
    May 2009
    Posts
    3

    Arrow Re: I-94 Expired, I-130 Approved

    Quote Quoting hay_david23
    View Post
    Hi , I am having the same problem as yours , my dad filled for i130 in july 2006( i was 16) and got approved last week (i am 19). i have been overstaying for 8 years . Immigration center said the sent the petition to the national visa center , but i dont know how much will they take to process my case . i am waiting for a 2a type visa .. do you know the waiting time ? thanks
    I got approval June 12. They told something about instruction notice, they will send in October, so I wait and see...

    But please let me know if you get any useful information.

  7. #7
    Join Date
    Apr 2009
    Posts
    11

    Default Re: I-94 Expired, I-130 Approved

    Hi. My friend had that exact same problem. Since you are not protected under the 245-i law, but you DID enter legally, my friend was told by an experienced Immigration lawyer that she should NOT return to Mexico. Rather, go to the interview. There, the Adjudication Officer will tell you that you have overstayed your Visa, but you can file a i-601 (waiver for overstay), based on extreme hardship of your US Citizen parent or child.

    In the case of immigrants with visa oversay issues, if they marry a US Citizen even though their Visa or i-94 has expired, they do NOT have to file i-601. They CAN get their residency here in the USA.

    For all other immigrants with visa overstay issues, (being petitione by a parent or child), you need to file i-601, and see if it can be administratively approved. If it isn't, ultimately your i-485 will be denied and eventually you will be asked to go before the Immigration Judge and accept your order of eventual Voluntary Departure. (that, in itself, is a lengthy process..could take up to 2 years)

  8. #8
    Join Date
    Oct 2009
    Posts
    1

    Default Re: I-94 Expired, I-130 Approved

    Quote Quoting nameisaname
    View Post
    Hi. I came to US with B2 visa 4 years ago. My mother is permanent resident and she filed a I-130 for me. Since then 1,5 years later, my I-94 expired. Now I have been overstayed 2,5 years and I-130 just got approved. Is there anything I can do to go on with a process and get legal status here in States or because I have overstayed I do not have any chance?
    Thanks!
    Ok, I will give you the best answer possible. The exact right one. I want everyone to read this and learn. This is very helpful for 99% of you guys!!!
    Stay way from your lawyer. He will just take your money and complicate things. You get a lawyer only if you get in trouble with immigration.
    Here is your situation:
    You came legally to this country. That’s a big YES right there. Just to make sure; you got inspected otherwise as an illegal you will never get papers in this country (exception; Political asylum and Green Card lottery) as from December 2001 no Illegal immigrant can get adjustment of status (I will explain)
    After 180 days from the I-94 expiration you became a visa overstayed and lost your status. You’re an Illegal but under certain rules.
    Now, your mother applied for I-130 petition for relative which has nothing to do with you getting the papers. It’s only a petition that proves that you’re the son of that particular lady and you’re not married and you have been found eligible to come to America. Background check as well.
    Pay attention; there are two departments that will help you get the papers USCIS (the immigration that approved I130) and DOS (Department of State) that will issue you a visa.
    You file I130 with the immigration and they approve that. They don’t really care, even if you tell them, where you’re. In USA or OUTSIDE. So they send you I-130 approved and automatically send DOS a message so they enter you on their system. With your I-130 approved you have no legal status unless you previously had something. (Certain states like Florida they may issue you a driver license for 2 years from the date of Approval but no work permit NADA!!!!)
    In your case you still an illegal. Here it get’s very complicated; your next step is to file I-485 (adjustment of status) and you get your answer within 4 months at most. If your mother was a citizen, you get your green card as Sons of Citizens don’t have visa limits… (I will explain)
    http://travel.state.gov/visa/frvi/bu...etin_4576.html
    But in order for them to adjust your status, although everything is in order, like sponsorship (from your family I guess) and Approved I-130 you need a visa to get the adjustment. Even though it sounds http://travel.state.gov/visa/frvi/bu...etin_4576.html
    complicated you just wait for one to be available from DOS [Visa Bulletin].
    So check out your approved I-130 and there is a date (priority date) on the application and then check that site and see where you stand. In your case they’re processing visas for those that I-130 has a date of 2001. I am assuming that you must have a priority date of middle 2006. So the only thing you can do is wait and do NOTHING!!!
    Do Not, I repeat under your lawyers advise apply for Adjustment of status before the visa is available. Why not? Because after four months you apply I-485 they deny your application for Sure and they start your removal process. Then you’re in big trouble. You loose your 1,000 dollars for the application and you’re in trouble and face deportation. If a cop stops you he may arrest you as you’re on the system, unlike now where the cop doesn’t have anything. The chances of you staying in USA after the procedures, Slimmmmmmmm 1%. You must avoid by any mean necessary going back to your country even if anyone suggest that. When you go to the embassy and ask for visa they will fault you with 3-10 years visa probation. It’s ridicules, you’re visa may be available and you have to wait for your probation to be over. If you’re in America and keep it low you skip the Embassy and DOS and deal only with immigration that has somehow a better law in your case. They just give you affine for your over stay (1,000 ~ 5,000) given thart you entered legally.
    So My friend chill out and do nothing till you see that your visa is available. Check it out continuously as the visa availability changes monthly and some times goes back and forth depending on DEMAND. There are cases where it may be available today and not tomorrow. So when the visa is available then you apply for Adjustment of Status and in few months you get your green card and Welcome to America my friend!!!!

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