Unless you have a prior petition filed before April 30, 2001, or were the derivative of one filed for your parents, then you will not presently be able to get your residency within the U.S. You may still be able to get it through a consular process, but unless you have a criminal record, you can apply for a provisional hardship waiver. You can also apply for deferred action. You have many options in your case, and I would recommend seeking an attorney to go over your options and determine the best course of action. My office handles these matters, but you can also contact any of the other qualified attorneys found on AVVO. Good luck.
BRImmigrationLaw.com: This is not legal advice as many facts are still unknown, and an attorney-client relationship has not been created.
I agree with Attorney Pollak. Consult an immigration lawyer as soon as possible. Many of us offer consultations without charge. It is not worth going this alone. Immigration law is complex and the stakes are high. Find an attorney whom you like and trust.
If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
New Provisional Waiver will probably help you guys. See an attorney for a detailed consultation. Good luck!
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.
Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com
I agree with my colleagues. You might be able to obtain an I601 provisional waiver for the Adjustment Application based on the filed I130 if you can show extreme hardship if returned. Another alternative to look into is to see if you filed the I130 before April 2001 as my colleagues mentioned. Lastly, I would very seriously inquire into whether you are eligible for deferred action for childhood arrivals as that might be better alternative to pursue first since if you file the adjustment application and it is denied you might be placed in removal proceedings. Please consult with a competent immigration attorney, by looking at their AVVO profile, CV, work experience, licenses, affiliations, etc. My office handles these types of cases and sometimes offer a free consultation on these matters. You may look at my AVVO profile for more information.
No attorney-client relationship is created or implied by this communication in any way. Consult a competent immigration attorney.