Immigration Site

Hi, my mom and my step-dad went to the interview, they said it apparently took 3 to 4 hours and asked a lot of questions, so I assumed it was a Stokes interview.

My mom and I entered on B-visas, we ended up overstaying. My mom met my step-dad in 04 and 8 months later they decided to get married.

They had a lawyer with them and he said he didnt feel good about how the interview went (my mom missed few questions because she was really nervous). He said that we will hear a decision from them in 30 days and said most likely will be a denial.

The marriage is REAL, my mom, my step-dad and I are living together under a single roof, but the officers at the USCIS kept insisting that we are somehow making this marriage up(?)

So the lawyer told us that even if they ended up denying my moms AOS, they would still approve my AOS because the marriage happened before I turned 18 year old and that my AOS as step-child will be approved. Is this true? I always thought I was a derivative beneficiary of my moms AOS and if hers fail, mine would fail too right?

What are the chances of salvaging my moms AOS after a failed Stokes interview?

Thank you!!!

EDIT:

My step-dad is a US Citizen.

Sorry for your plight.You are not a derivative beneficiary because your AOS is not conditional on your mothers approval. However your lawyers explanation is quite interesting, might be true. You guys will most likely be getting Notification of Intent to Deny in the mail shortly. You need a good lawyer. There is a couple who have been married for seventeen years and have been denied three times. It is not the end of the world however your guys are in for a long slog through the USCIS/Immigration Courts.

http://www.nytimes.com/2010/06/13/nyregion/13fraud.html

Thank you ananga73 for the response:

I am very confused because if my I am not a derivative beneficiary of my mothers application, then is my AOS dependent upon the step relationship between me and my step-dad? Is that how this work? I asked my step-dad and he said he did file separate I-130s for my mom and me.

If they issue a Notice of Intent to Deny, would that be on my moms AOS or both of ours? How long would it take to appeal, can we even appeal the decision? Will this have to go to court?

I am concerned because I am entering college without any federal aid because of my situation.

And my mom said that the room she was in was very cold (she asked to the officer to turn off the AC but the officer just ignored her) and she was very nervous so she got some questions wrong.

Thank you ananga73 for the response:

I am very confused because if my I am not a derivative beneficiary of my mothers application, then is my AOS dependent upon the step relationship between me and my step-dad? Is that how this work? I asked my step-dad and he said he did file separate I-130s for my mom and me.
Your petition depends on ur relationship with your step-dad. Since the marriage took place before you turned 18 years old, you are considered your step fathers child, regardless of biological or not. You are his immediate relative.


If they issue a Notice of Intent to Deny, would that be on my moms AOS or both of ours? How long would it take to appeal, can we even appeal the decision? Will this have to go to court?

Wait for the Notice to come in the Mail. I believe you have a very good chance of your petition being approved although your moms petition is taking on water like a sinking ship!