| Q. |
three to ten year bar due to overstay
I am now 21 years old. I am from Brazil. My father is a permanent resident. He applied for I-30 in August 7, 2003. It was approved around the end of 2005. This approval also stated that I am not eligible for adjustment of status. I received another letter indicating a Resident Visa was available and requesting payement of the fees. I paid it and received a packet with additional document to be completed. Then my attorney told me after completion I was to travel to Brazil for my interview. to then receive my greencard. I decided to get as second opinion and was told that since I had outstayed my permission I would be automatically given a 3-10 ten year entrance bar back to the U.S. Have any laws been passed removing this bar or making the I-485 petiton available for my situation?
User's Location:
Dallas, Texas, United States of America
Category:
Family-based Green Card
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| A. |
No immigration laws have been passed that affect the 3/10 year reentry bars. However, it is not clear (1) why you were not included in your father's permanent residence case, or (2) why you are not eligible for adjustment of status in the United States. I am guessing that the reason for (1) is that your father obtained his green card through marriage to a U.S. citizen and the marriage took place after you became 18, and the reason for (2) is that you are out of status at the present time and that you are not grandfathered under INA Section 245(i) (i.e., no one filed a petition or labor certification for you before 04/30/2001. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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