Lowry, CO Immigration Law Firms & Lawyers

Most persons who have been deported have also been in the United States illegally for over one year and are subject to a 10 year bar not only because of the deportation but because of the illegal stay. For the illegal stay, a waiver is only possible if the qualifying relative is a US citizen or permanent resident parent or spouse. As the child, you would not qualify as a qualifying relative for an I-601 waiver application of excludability grounds. Your father will likely have to wait the 10 years before being able to immigrate to the US. unless there is a qualifying relative and extreme hardship to that individual can be established if the waiver application is denied. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

It is a bit strange that your mother's I-130 petition has not been approved yet. You should call the National Service Center at the number that should have been provided in the e-mail that you received. Prepare to wait quite a while until you get to talk to a service representative. Have your filing receipt number ready. And tell the representative that your case is "outside the normal processing time" (right now, USCIS processes the I-130 petitions that were filed at the end of September 2011, so yours should have been decided about 4 months ago). You need not worry about aging out of the priority category: there is a federal law, Child Status Protection Act, that "froze" your age on the date your mother filed the I-130 petition; until a decision on her petition is made, USCIS treats you as if you do not get a day older. So, let's say, USCIS approves your mother's petition exactly 2 years and 1 month after the petition was filed; and the visa becomes available to you when you are 21 years and 7 months old - under Child Status Protection Act, you age will be counted as 19 years and 6 months, and you will remain in the F2a category.

If your wife and her daughter are both here on B-2 visas, the usual step if you are a U. S. citizen is for you to sponsor them for permanent residence. There are no derivatives for immediate relatives, and so you would have to file two separate I-130 petitions for your wife and her daughter. Once they obtain green cards, your wife may be able to obtain citizenship in 3 years if she is able to prove that you have been a U. S. citizen for 3 years, that you have both been living together continuously for the 3 years, and that she has held the green card for 3 years. With respect to the daughter, she would generally be able to naturalize in 5 years unless you expedite the process by adopting her. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.     '>