How can I stay in the US?

I was 10 when I was brought to America because my parents were facing economic hardship and my mother’s younger sister pasted away leaving 2 children behind. My mother brought them to the US for a better life. During this time we were living with my aunt/mom’s older sister, a US citizen. My mom and aunt were taking care of them. My aunt adopted them about 2-3 years ago. My parents came here 12 years ago through a traveling visa and my mother sister filed for an I-130; 4th for her 9 years ago. It was approved 3 years ago and it is in post decision activity, which means USCIS has send it to NVC for processing. But we might not get our green card because of overstaying a visa and the requirement to return to your home country for interview. Leaving US will active a 10 year bar for my mom, dad and myself, with the exception of my younger brother, who is autistic. Home country offers no help for him. In the US my mom pays for medicine to help him. During this period of time I was never too clear on my status but now that I am 20 I am doing a lot of research and I am finding out things my mother should have told me, like I’ll be barred for 10 years etc. It sucks cause the only life I know is in America. I graduated high school and college with a degree in accounting; my parents paid for it. My mother pays her taxes as well but receives no benefits from it. Can someone please share some insight and please don’t judge us, we are not bad people.

Asked on June 5, 2012 under Immigration Law, New York


Meghan Abigail / Abigail Law Firm, PLLC

Answered 8 years ago | Contributor

I agree with my colleague, no judgment here. I also agree that you might be eligible for 245(i) depending on the date your aunt filed.

Another possibility is that if you or a family member has ever been the victim of a crime in the U.S., you might be eligible for the U-visa.

Good luck to you and your family.

Osas Iyamu-Attorney at Law / Law Offices of Osas Iyamu, LLC-Immigration Law Office

Answered 8 years ago | Contributor

Be rest assured,i am not going to Judge you. I see you have done some reading.You are right, unfortunately you may be subject to the 10 years bar upon exit.However depending on the date your Aunt filed the I-130, your mom and you may or may not be eligible for adjustment of status in the U.S under the provision of section 245i. In oder to determine whether or not that provision of the law will help you,i need more information on the date of filing and date of entry.

If you are section 245i eligible,there may be no need to leave the U.S afterall

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