Immigration Site

hello all
yesterday was my interview for the green card in NYC and got the terrible news that because of leaving the US with an advance parole i had triggered a law from 1997 that puts me into an "overstayed visa" and not elegible for GC.
the story
got married in 1998 with a US resident. at the end of year my husband applied for the I130. I left the US in june 1999 (so i dont overstay on my tourist visa from nov98, but when coming in, the INS officer said not to leave until the case was solved).
In Aug 99 got the approval for the I130. After that i stayed in the US without applying for extension because i was told that my status was "pending" and my tourist visa was no good and i was legal as long as i had the I130 and had a pending case.
My husband filed in aug 2001 for his citizenship, but because sept 11, his application was delayed for 1 year. in March 2003 he was sworn in as a USC. in april he applied for the adjustment I485 and the I765 work permit for me. we received no news that this applications were received. but i went to 26 federal plaza and got my work permit and SSC. Then in feb 2005 i got the FP notice, did it, and in april 2005 got my interview notice letter.
My husband and me prepared all the docs, taxes, letters, pictures, lease, bank account... everything the list said and went to the interview. When we were called the officer started the interview
1. asked for ID
2. asked for passport and I94
3. asked me when was the last time i came in the US to stay
i said june 99
4. asked when did i travel out of US (had my passport)
i said i had asked for an advance parole 8 months after i applied for I485 and got the parole approved and so went to visit my family (that i had not seen in 5 years) in feb 04 ( couple of days due to work limitations) then in april04 (2 weeks) and then in xmas 04 (my family is in venezuela).
the he smiled and said that me leaving the US WITH an advance parole had trigger me to be ILEGAL from 99 to 2004. that i had overstayed my visa and told me i would be getting a 601 waiver (and that it was VERY difficult to apply and would need a lawyer) and that i was in deportation process. MY husband and i were baffled and did not know what to say, but when we said we had a I130 approval from 99 and that made me pending the officer just stood up and said "the interview is over" and went out of the room.
he didnot listen to anything else, looked at any other papers, letters, birth cert. (im british), achievement certificates, pictures.. nothing... the interview took 5 minutes and he didnt want to discuss anything else...
we thought this was a disgrace and my husband as a US citicen has rights...
but we dont know what to do... or how to get help for the 601 waiver..? anyone has experience with this???
all the HELP is very well appreciated!!!

thank you for your time
manu

The the law is very clear about the 10 year ban.

You should contact a good lawyer as soon as possible that is expert in this kind of cases.

Good luck

Krona

thanx for replying krona, but
why does my congressperson, and the INS officer told me to stay, that the I130 approval makes my case PENDING.. not ilegal??

why is this bad information out there for people like us that could not afford a lawyer at that time??

what else could i have done to stay with my husband from 99 to 04? what kind of extension? or visa?

thanx

Your application was denied because you left the country before your Adjustment of Status was aproved(I-485).

The I-130 is a Petition only

The 485 is the Adjusment of Status



You have to remember that even with the Advance parole letter, your overstay will trigger the 10 year ban ones you LEAVE the country(your trip)

You did leave the country and that why you application was denied.


The answer to your question is that you should not (Even with the Advance parole) leave the country until you I 485 was approved.


Check the link
http://uscis.gov/graphics/publicaffa...s/advisory.htm


Good luck and hire a lawyer.

This is my personal opinion. Im not a lawyer.

Check with a lawyer for better info.

You should not depend in newsgroup in the stage.