Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Child of Parent who married US Citizen - Pending i485 for years

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Child of Parent who married US Citizen - Pending i485 for years

    Hi guys! New poster here this is my case which is kinda odd but I hope I can hear some reassuring advice from you guys. Very long story so sorry in advance ????

    My father married his partner a US citizen in late 2016 when I was still considered underage (I was 17) and their lawyer filed for him and i afterwards. We both received our work permits after taking biometrics and socials almost immediately and everything was going super smooth.. interviews ended up being scheduled for 2018 which again was fine for us I decided to go to a community college hoping my residency would be here on time and I’d be able to attend a university with a GC cause I can apply for loans easier. My father had his interview a day before mine with his wife. Sadly this was around the same time ICE was terrorizing and illegally arresting people during interviews so he was detained. (He had a deportation order he did not know about.) My whole world crumbled..my dad had been detained and I could be next as I had my interview the day after and I was 19. I was horrified but I decided to go. I went with his partner and my lawyer..interview went smoothly. I entered the states legally but overstayed my welcome (again not my own choice; i arrived when i was 9) my interviewer heard my story but in the end she sent us home with no decision made. My USCIS case has been stuck in “Interview schedule” since then. Eventually we were able to bond my father out after 2 weeks and then the waiting game started. This is where I ask for your advice because his lawyer and the people that work for him are so negligent and honestly useless/refuse to give me any information and my father was never the same after his arrest. He had two hearings in 2019 where he says the judge mentioned that what ICE did was unconstitutional and the case was gonna rule in his favor. I guess he had to submit his i130 again and get approved so he had a final hearing in 2020. COVID happened and courts shut down. He got a notice from USCIS in July 2020 about the new I-485 application and that they were gonna use the old biometrics in file. His court date was rescheduled for Sept of this year. I’ve been hanging in limbo for almost 3 years/5 if you count the year we filed. I’ll be turning 23 this year and this situation has made me lose hope. My question and I’m sorry for dragging: If he gets approved by the judge will I have to re-do my entire application again or will my case be automatically processed since I was a child? Has anybody been in this situation? I have faith that he’s gonna get it and be able to travel back to our country and see his family again, but I’m afraid that my case will have to be submitted again and I’ll have to wait 1-2 years for something to happen. I have become very unenthusiastic about this country and my situation. I would appreciate every piece of advice you guys have thank you!

  • #2
    Assuming that your father did not come on K-1, you were petitioned on a separate I-130 than your father (since spouses of US citizens are in the Immediate Relative category and cannot have derivative beneficiaries). So your case is completely independent from his. Your case is only based on the stepparent-stepchild relationship with your stepparent; as long as that relationship continues to exist, you can immigrate, even if your father is not immigrating.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Sorry for the late response and thank you. Does this mean that once his case is processed is accepted or denied mine will continue? I will have to wait for an interview appointment and do all that jazz again? Thank you!

      Comment


      • #4
        His case's acceptance or denial should have no effect on your case's progress.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by Faithhopetrick View Post
          Sorry for the late response and thank you. Does this mean that once his case is processed is accepted or denied mine will continue? I will have to wait for an interview appointment and do all that jazz again? Thank you!
          Unfortunately you have to wait til his case get resolve because when he married you were older that 14, that’s why your stepmother can not do the process like you are her son.
          AOS for marriage with USC
          California- San Francisco

          Service center: NBC
          10/04/19: PD
          11/07/19: Fingerprints done
          11/08/19: Fingerprints review completed
          12/05/19: Ready to be scheduled for a interview
          03/22/22: interview San Francisco

          Comment


          • #6
            Originally posted by Scorredora View Post

            Unfortunately you have to wait til his case get resolve because when he married you were older that 14, that’s why your stepmother can not do the process like you are her son.
            It's 18 not 14. And the OP was under 18 when they married.

            This is my personal opinion and is not to be construed as legal advice.

            Comment

            {{modal[0].title}}

            X

            {{modal[0].content}}

            {{promo.content}}

            Working...
            X