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10 year bar applies?
Hello there,

I have a question.
My mother (permanent resident) submitted a petition (I-130) for me in 2016.
I was over 21 years old so my category is F2B. We included all the documents required and shipped it to the USCIS. We also included my passport (no copies, the original one) in the package. As you probably know, they don't review those documents right away so the petition hasn't been approved yet. The thing is that, at first, we thought that this process wouldn't last so long so I never left the country. I also couldn't because you know, I didn't have my passport.

It was my fault for including my passport in the package when I shouldn't have done it (I didn't know it wasn't required) but I think it's also the USCIS' fault for not reviewing the documents fast enough and ship my passport back to me

My question is: Will the 10 year bar apply to me because of this? I've read that when the USCIS has some kind of fault in the process, the unlawful presence doesn't apply. Is that true?

For the record, my priority date is still not current.

Thanks in advance!
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