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Barbara V. Melendez

Barbara Melendez’s Answers

2 total

  • I-94 departure date is incorrect. CBP says they can't fix it.

    I posted about this and following the advice I went to the CBP office in SLC. They told me that they couldn't fix the incorrect date (it says I left in jan even when I changed the flight multiple times, missed the last flight) on the I-94 travel h...

    Barbara’s Answer

    I would beg to differ with CBP saying it's not a big deal. Unfortunately, it is my experience that the government can make a big deal out of many things on it's face do not seem to be very important. There are multiple concerns that the officer can raise regarding your "alleged" departure and no entry date. I agree with my colleagues you should seek to have a consult with a qualified attorney as someone to represent you during your I 485 process.

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  • Marriage as a illegal Immigrant to a U.S. citizen.

    When I was around 6 or 7 I was brought to the United states by my immigrant mother in a unlawful way. I am originally from Mexico, I've been here ever since. Everything I have learned has been tought to me here. My parents never filed any work for...

    Barbara’s Answer

    First, congratulations on your engagement! Yes, I can see why both of you would be confused as to the options. You have a complex case BUT there are options that you may qualify for. While I am not aware of all the facts of your case it appears that you may be eligible for DACA - Deferred Action for Childhood Arrivals. If you are and or have DACA you also become eligible for advance parole
    (permission to travel abroad and return to the US). If you travel abroad with an approved advance parole you may be eligible to adjust your status to legal permanent resident in the US through marriage to a US citizen spouse. In the alternative, you could consider filing after you are married for the I 130 Petition for Alien Relative and seek a Provisional Waiver (I-601A) for your unlawful presence. Again, your case is complex and II would urge you to seek competent counsel to represent you in this process.

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