I came here with my dad and mom. My dads I-485 was denied because his I-140 was revoked. He appealed but it was dismissed. With the principle application denied, everything for me and my mom was also denied. Because I was just a child I really had no idea what was going on. However flipping through all the family documentations I dont see any deportation orders, I only see something that says we no longer has a valid non immigrant status and the district office has jurisdiction over issues of departure.
So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant? Am I deport-able? Am I visa overstayed? Since I did came here legally.
and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.
I came here with my dad and mom. My dads I-485 was denied because his I-140 was revoked. He appealed but it was dismissed. With the principle application denied, everything for me and my mom was also denied. Because I was just a child I really had no idea what was going on. However flipping through all the family documentations I dont see any deportation orders, I only see something that says we no longer has a valid non immigrant status and the district office has jurisdiction over issues of departure.
So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant? Am I deport-able? Am I visa overstayed? Since I did came here legally.
and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.
Yes you are an illegal alien due to overstaying a visa. I feel bad for you. Your options are VERY limited. You are over 18, HOW MUCH OVER 18? Once you reach 18 years and 6 monts (180 days) and then depart the U.S. an unlawful presence (ULP) bar of 3 years kicks in. Once your reach 19, you will have one year of ULP and the 10 year bar to re-entry kicks in. In that you were a child and not responsible for your overstay, if you departed quickly, you would receive leniency in a waiver application IF you submitted one based on a bona fide immigrant or non-immigrant visa.
In order to obtain MOST non-immigrant visas you must overcome a statutorily mandated presumption of "immigrant intent". If your family remains in the U.S., that will be a very hard sell to anyone let alone a cynical Consular Officer or USCIS or CBP Officer.
Stay out of trouble with the law if you decide to remain in the U.S., you will show up in an immigration records cross-check if arrested.
When you were younger, around the time that the immigration case was denied, did your family move? There may have been a removal order issued in absentia due to not showing up in Immigration Court.
I am sure and really hoping the new congress will deal with comprehensive immigration reform. Inquiring about your case may just trigger your case to be in removal proceedings. I would just go to school, and wait for the reform. There are millions of folks in your situation, so there is light at the end of tunnel....Just hang in there tight!
thank you for replying so quickly, and your empathy
I am now 22 years old and almost done with my school. I was told to just go to school and stay tight. But now that I am almost done with school, and the news say there are not a lot of chance for immigration reform once republicans enter office, it is getting harder to just sit tight.
I did see the courts summon documents but I have no idea if my dad showed up. And I cant remember if we moved during that time.
So my understanding is, even if I leave, then wait 10 years, my family wont be here, it will still be more difficult for me to apply for visa again?
And also a side question, when I go to a public university, am I suppose to be paying in state tuition or international student fees? Since the school asked for documents to prove I am a resident, and I did, I paid in state tuition these few years, does that consider to be a crime?
what is my status and what should I do?