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Adjustment of status for sibling under 245(i) .Requiring evidence of presence in December 2000

Oakland, CA |

Hi I came in last week of November 2000 and my sister filed I-130 under 245 (i).Today I went for my interview. Everything seemed fine. I gave my social, DL, recent pay stubs of my petitioner and my other updates as well as my previous visa When I filed the application I gave picture of 2000.Finally the officer asked me proof to show my presence in December 2000.I had come with valid visa and was staying at my sisters place so I do not have rent receipt or any other utility bills. My sister applied in April. So how do I prove beside me I-94 which has Nov 27 as arrival date .and some pictures. I am so confused .Please help. Officer said would review with his supervisor and see if we need prove or not. I am confused and stressed. He took my I-94.Please help. I waited 13 damn years

Attorney Answers 5

Posted

You may need an affidavit or letters from people that knew you were here then including your sister. However, at this point the officer has not asked for any other evidence. Your application may still be approved. If they issue a request for additional evidence you will need the letters. USCIS can also refer your case to an immigration judge. The judges can be much more reasonable. DHS and the former INS have a computer data base that records entries and exits - you obviously had an entry and no recorded departure. Relax and see what their decision is.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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Posted

Thanks.

Asker

Posted

Do you have any chance how long they will take to decide in SF.

Asker

Posted

Sorry do you know if there is any time frame they will take for this kind of decision.They have not refused or asked for any evidence.I feel so restless!Thanks.

Posted

You need proof of physical presence in the US on December 21, 2000 to be eligible under 245(i) based on that petition. Please consult with an immigration attorney.

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Asker

Posted

Thanks.I did take my attorney.

Posted

You have invested 13 years in this case ... why not invest some $$$ and pay an attorney to help you develop affidavits, etc.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

I can do that but my lawyer said that affidavit will not be of any help.

F. J. Capriotti III

F. J. Capriotti III

Posted

Listen to your lawyer.

Posted

Your I-94 should have been sufficient since you had just entered and they have no record that you had left the country by December 21. Anyway, the officer will not deny your application without giving you an opportunity to provide more evidence. As for the I-94, what the officer did was normal.

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Posted

thanks!

Asker

Posted

Generally how long does it take them for decision!They have not refused or asked for evidence and it seems my life is depending on a single person's decision.I am so stressed.Its 13 yrs plus !And now more than 2 weeks for yes or no.Thanks

Posted

You have a lawyer who knows the facts of your case. You should listen to his or her advice. if you have lost confidence in your lawyer schedule a consultation with another experienced immigration attorney for a second opinion. Your lawyer should have known to address these issues from the get go.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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