Please Help!
Hello everyone,
I am too confused and depressed about my case and I really need your help from previous experiences that you guys had.
I came in United States as a F1 student when I was 15 and I overstayed for 3 years but I was a minor at that time and i was not accruing unlawful presence when I was 17 i was selected as a lottery winner and I did file with immigration 1485 and i waited for almost 8 months till i got the response that I was put through removal proceedings because i was in a unlawful status. During this time i married my boyfriend and went to the court a year ago to review the 1485 which was denied from the office and the judge told my lawyer that he wanted all my story written and wanted me to wait till the next hearing which is a couple of days from now. A month ago my lawyer filed with Immigration the i130 and i received the paper which said that they have received the money... I dont know what to expect on the court because its again a master hearing i thought that it would have been and individual hearing...I know that it is a little complicated and I wish that i have been clearly enough explaining my case but I am so nervous. I have a lawyer and everything its been 2 years that I pay him but now I am thinking that he doesnt know what he is doing...Please help!
And also am I accruing unlawful presence now ?
Thanks everyone!
Even though you werent accruing unlawful presence when you were 17, you were not in legal status, and you have to be in legal status to file I-485 based on the lottery. All you had to do is leave the US before age 18 + 180 days and you could have gotten the GC through a US consulate.
Given that your marriage occurred after you were already in removal proceedings, it is presumed that it was just to get a GC and not a bona fide marriage. Furthermore, I-485 applications are usually denied if filed after youre already in removal proceedings. You are doomed if you try to obtain a GC through the I-485 route. You will get deported and then banned for at least 5 years. If you want a chance at a GC anytime soon, you need to abandon the I-485 and go through a consulate (although it may be too late depending on how much unlawful presence you have accumulated), and get a lawyer!
I presume you are 19 now ... when did they initiate removal proceedings?
Even though you werent accruing unlawful presence when you were 17, you were not in legal status, and you have to be in legal status to file I-485 based on the lottery. All you had to do is leave the US before age 18 + 180 days and you could have gotten the GC through a US consulate.
Given that your marriage occurred after you were already in removal proceedings, it is presumed that it was just to get a GC and not a bona fide marriage. Furthermore, I-485 applications are usually denied if filed after youre already in removal proceedings. You are doomed if you try to obtain a GC through the I-485 route. You will get deported and then banned for at least 5 years. If you want a chance at a GC anytime soon, you need to abandon the I-485 and go through a consulate (although it may be too late depending on how much unlawful presence you have accumulated), and get a lawyer!
I presume you are 19 now ... when did they initiate removal proceedings?
Thats what I am asking do people accrue unlawful presence when they are having court proceedings?
Because i stayed in US all this time while i had proceeding thats why i did not leave the country and apply to a us embassy abroad..
Thats what I am asking do people accrue unlawful presence when they are having court proceedings?
Because i stayed in US all this time while i had proceeding thats why i did not leave the country and apply to a us embassy abroad..
Im saying you should have gone abroad when you were 17/18, before any proceedings were initiated against you. By staying and filing the I-485 when you were out of status, thereby triggering removal proceedings and a drawn out court battle, you lost your opportunity for the lottery green card.
If your case is ultimately denied, I think you will be deemed to accumulate unlawful presence ever since they initiated removal proceedings, but that depends on the specific facts of the case and is for the judge to decide.