On Dec, 11 2008, my mother (a LPR) filed form I 130 for both me and my sister.
On June 23rd, 2010, the petitions were approved, but the letters said we were nto eligible for adjustment of status.
My sister and I entered the country on a legal tourist visa. We were granted 6 months to be in the country, but we stayed past that time. We currently reside in the US. Is this why we are not eligible?
Also, according to the Visa Bulletin, we should be issued a visa number next month. Will we be eligible for adjusment of status once we are issued our visa number?
Our lawyer told us that we are either waitign for the Immigration reform, or for our mother to become a USC. We, on the other hand, believe that he said that since they know it is faster for us to obtain our GC once my mother is a USC, but that we shoudl be eligible even if shes a LPR, as long as we are issued a visa number.
Once again, how does the fact that we are out of status affect the eligibility? Thanks in advanced.
Yes you will be eligible to file I-485 once the visa number is available, you fall under the classification of Immediate Relatives of a USC/LPR and in that class if you entered legally with inspection which you did any overstay is forgiven.
Yes you will be eligible to file I-485 once the visa number is available, you fall under the classification of Immediate Relatives of a USC/LPR and in that class if you entered legally with inspection which you did any overstay is forgiven. Only if the original poster is under 21. If not, then they are ineligible to adjust status and are likely subject to either the 3 or 10-year bars.
When did the both of you enter the US? How old are both of you?
My sister and I entered the country on a legal tourist visa. We were granted 6 months to be in the country, but we stayed past that time.
Petition approved, but not eligible to file I 485