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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 102191
Experience:  Private practice in several areas, including immigration
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I was approved while I was living in Mexico because of my

Customer Question

I was approved while I was living in Mexico because of my sister who is citizen. That same year I was approved I came to USA with a turist visa and since then I live here (that was in 1998) Last year I received a notice from NVC to start working on my status, so with someones help I stared to follow the steps, I already paid some feesbut I just noticed that in the initial letter it says something about that when I finish sending the required paperwork if everything is good they will send me to my i terview to Cd Juarez Mexico, I live in Gorgia actually and havent left this country since my first entrance, I have my I94 as a proof of my entrance that year, my question is why if I personally received the letter at my address from NVC (I sent them a letter in 2003 letting them know about my new adress in this country) why they still want to send me to the Mexico embassy to get my visa instead of arrange an appoinment here, im afraid if I keep doing the process this way and go to Mexico I will be punished for several years and they will not allowed me to come back. I have 2 kids born here, one of them is only 3 months old. Im hoping theres something that can be done so I dont have to travel and the worse of all stay there for a long time. I called NVC and USCIS and I just realize they are 2 different offices, one that process outside inquiries and one that process the ones made here 😞 Me or my sister that is the petiotionary never sent a letter to USCIS letting them know of my change of address, I just sent it to NVC and since is more than 15 years of waiting for an available visa I didnt have the chance to do anything or have any advice, the person that start my case closed the office years ago and I started to do my paperwork by myself Im just getting help to fill the forms, some people told me to continue and maybe during the process they will ask something to make them change the embassy to this country but Im just so affraid that will not happen, is theres a process that I should do in order to change my embassy for adjust of status?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about your situation. What essentially happened is that you received a B2 visa while your I-130 was pending. You then traveled on your B-2 visa to USA, and overstayed, living in USA for 18 years without proper status.

Needless to say, this has earned a ban of 10 years from USA for doing so once USCIS figures this out. USCIS processed the I-130 but due to the overstay, they may disallow it because of the 10 year ban (for violation of the overstay on the B2).

The best way to resolve this is perhaps file an I-601, which is a WAIVER of inadmissibility. See here:

Such a waiver can ask that the ban be waived based on the fact that not being able to enter would prove an"undue hardship" to a US Citizen (who in this case can be the children). Then, it is at USCIS's discretion whether or not to grant the waiver. If it is not granted, it may be administratively appealed and eventually appealed even to the US District Court.

Using counsel here is strongly recommended as this matter can become very complicated, very fast. If finances make this hard to do, I can provide a list of pro bono leads if you want me to - simply let me know. Good luck.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
there's nothing else to do? Some kind of former or something that allow me to fix my status here? Why I'm not covered under the 245i law if I can prove that I have when the law was accepted? I haven't mentioned that I'm married to a citizen but we have been separated for more than 5 years because he has a bipolar condition that I wasn't aware of it when we got married, is there's any way this me on my process?
Expert:  Ely replied 1 year ago.


Thank you. You said you married a US Citizen. But you never adjusted your status based on the marriage?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
No never, we just live together for about 8 months. Now we have been separated for more than 5 years, he lives in Iowa I live in Georgia
Expert:  Ely replied 1 year ago.

Thank you. In that case, someone in your situation may actually benefit from 245(i) - provided that they can prove that they were in USA before Dec 21, 2000. If you entered with a B2 visa in 1998, a record may exist, which means 245(i) may be an option. If so, one can adjust if their petition is approved even having overstayed. See HERE.

My apologies for earlier, as I had slightly misunderstood your fact pattern when you originally presented it.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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