Lupsee

Hi,

I have a very frustrating situation in front of me, and I am hoping some of you
experts can give me some guidance as to what can I do.

I have been ordered excluded from the US in '98 because of an advanced parole I took
long time ago. Although it was perfectly legit to have obtained an advanced parole at
the time (otherwise they wouldn't issue me one), I was found technically to be
inadmissible. It's a long story but the inadmissibility was issued because my ongoing
legalization was denied three weeks before I left the country, but the INS never told
me about it otherwise I would have never applied for the advanced parole (as many of
you know INS is so famous for 'left hand doesn't know what their right hand is
doing'). Now, it seems I have fallen through the cracks at their expense. Currently,
I have appealed their decision to the BIA, and based on that I have been able to stay
here until a final decision is ordered. Another words, I'm not staying here illegally
so the 3/10 year bar is not applicable to
me. However, since I was excluded a 1 year bar would be applied if I leave the
country. The 1 year was was the limit when the exclusion proceedings started
back in '95. It may be more now, however it would not apply to me. With this
situation in mind, I add the following: my mother has been a permanent resident
since '98 and will be eligible to apply for her citizenship next year. So, I
have the following questions:

1) Is it a good idea for my mother to apply for me now while my appeal is pending?
Will the INS act on my mother's I-130 petition or will they tell her that they
can't act on it until the appeal is finalized? In that case, is it a good idea to
withdraw my application with the BIA now and go back to my country of citizenship
so that my mother can immediately start the application process for me?

2) I have read somewhere that since she is a permanent resident she can still apply
for me (I'm over 21 and single) now. And once she becomes a citizen, she would
have to inform the visa center to update the file from Second preference category
to the First one. In doing so, will the original priority date would still be
preserved? Another words, if I leave the country now, and she files for me and
informs the visa center in two years when she becomes a citizen, will I just have
to wait one more year after that since it takes about 3 years when a citizen files
for their unmarried son or daughter? Am I correct?

3) And would the original priority date still be preserved if I decide to get married
after she becomes a citizen? If so, then I suppose I would have to wait additional
3 years after she is a citizen. Is this correct?

I apologize for the long post, but I feel like I am imprisoned at the moment. INS law
does not allow me to do anything, what am I suppose to do? I came here as a child and
now just thinking about returning makes me numb. I attended school here from
elementary to University, paid taxes the few years I was allowed to work, and all in
all I am much as American as anyone. But now, it seems like I can't avoid not
returning although I don't speak any other language than English and don't know any
other culture than American .....

Jude

Sylvia Ottemoel

lupsee wrote:

    > I have a very frustrating situation in front of me, and I am hoping some of you
    > experts can give me some guidance as to what can I do.
    >
    > I have been ordered excluded from the US in '98 because of an advanced parole I
    > took long time ago. Although it was perfectly legit to have obtained an advanced
    > parole at the time (otherwise they wouldn't issue me one), I was found technically
    > to be inadmissible. It's a long story but the inadmissibility was issued because my
    > ongoing legalization was denied three weeks before I left the country, but the INS
    > never told me about it otherwise I would have never applied for the advanced parole
    > (as many of you know INS is so famous for 'left hand doesn't know what their right
    > hand is doing'). Now, it seems I have fallen through the cracks at their expense.
    > Currently, I have appealed their decision to the BIA, and based on that I have been
    > able to stay here until a final decision is ordered. Another words, I'm not staying
    > here illegally so the 3/10 year bar is not applicable to
    > me. However, since I was excluded a 1 year bar would be applied if I leave the
    > country. The 1 year was was the limit when the exclusion proceedings started
    > back in '95. It may be more now, however it would not apply to me. With this
    > situation in mind, I add the following: my mother has been a permanent
    > resident since '98 and will be eligible to apply for her citizenship next
    > year. So, I have the following questions:
    >
    > 1) Is it a good idea for my mother to apply for me now while my appeal is pending?

Don't you have a lawyer to ask these questions of?

Will the INS act on my mother's I-130 petition or will
    > they tell her that they can't act on it until the appeal is finalized?

I am not a lawyer, and I don't know the answer for sure, but generally INS doesn't
refuse to perform an action just because another action is pending. A person can have
petitions pending in several categories at once.

    > In that case, is it a good idea to withdraw my application with the BIA now and go
    > back to my country of citizenship so that my mother can immediately start the
    > application process for me?

Probably not applicable. You probably don't have to withdraw. (But for heavens's sake
consult with a reputable attorney!)

    > 2) I have read somewhere that since she is a permanent resident she can still apply
    > for me (I'm over 21 and single) now. And once she becomes a citizen, she would
    > have to inform the visa center to update the file from Second preference
    > category to the First one. In doing so, will the original priority date would
    > still be preserved?

Yes.

Another
    > words, if I leave the country now, and she files for me and informs the visa center
    > in two years when she becomes a citizen, will I just have to wait one more year
    > after that since it takes about 3 years when a citizen files for their unmarried
    > son or daughter? Am I correct?

Yes.

    > 3) And would the original priority date still be preserved if I decide to get
    > married after she becomes a citizen? If so, then I suppose I would have to wait
    > additional 3 years after she is a citizen. Is this correct?

Yes. Well, maybe 4 years. The current priority date for the Family 3rd preference in
06/22/96, and the family waiting times are getting longer.

    > I apologize for the long post, but I feel like I am imprisoned at the moment. INS
    > law does not allow me to do anything, what am I suppose to do? I came here as a
    > child and now just thinking about returning makes me numb. I attended school here
    > from elementary to University, paid taxes the few years I was allowed to work, and
    > all in all I am much as American as anyone. But now, it seems like I can't avoid
    > not returning although I don't speak any other language than English and don't know
    > any other culture than American .....

Lupsee

Thanks Sylvia. Are you a law student by any chance?

Do you have any idea why the First category or Third category hasn't been moving
since September of 2000? They are stuck at that same priority date for almost one and
a half years now! That worries me...

By the way, I am still searching for that reputable, competent attorney. Most of the
ones I spoke with don't have any idea what I am talking about, thus the reason for
asking these questions here in this NG.

Sylvia Ottemoeller <[email protected]> wrote in message
news:<[email protected]>...
    > lupsee wrote:
    >
    >
    > > I have a very frustrating situation in front of me, and I am hoping some of you
    > > experts can give me some guidance as to what can I do.
    > >
    > > I have been ordered excluded from the US in '98 because of an advanced parole I
    > > took long time ago. Although it was perfectly legit to have obtained an advanced
    > > parole at the time (otherwise they wouldn't issue me one), I was found
    > > technically to be inadmissible. It's a long story but the inadmissibility was
    > > issued because my ongoing legalization was denied three weeks before I left the
    > > country, but the INS never told me about it otherwise I would have never applied
    > > for the advanced parole (as many of you know INS is so famous for 'left hand
    > > doesn't know what their right hand is doing'). Now, it seems I have fallen
    > > through the cracks at their expense. Currently, I have appealed their decision to
    > > the BIA, and based on that I have been able to stay here until a final decision
    > > is ordered. Another words, I'm not staying here illegally so the 3/10 year bar is
    > > not applicable to
    > > me. However, since I was excluded a 1 year bar would be applied if I leave the
    > > country. The 1 year was was the limit when the exclusion proceedings started
    > > back in '95. It may be more now, however it would not apply to me. With this
    > > situation in mind, I add the following: my mother has been a permanent
    > > resident since '98 and will be eligible to apply for her citizenship next
    > > year. So, I have the following questions:
    > >
    > > 1) Is it a good idea for my mother to apply for me now while my appeal is
    > > pending?
    >
    >
    > Don't you have a lawyer to ask these questions of?
    >
    > Will the INS act on my mother's I-130 petition or will
    > > they tell her that they can't act on it until the appeal is finalized?
    >
    >
    > I am not a lawyer, and I don't know the answer for sure, but generally INS doesn't
    > refuse to perform an action just because another action is pending. A person can
    > have petitions pending in several categories at once.
    >
    >
    > > In that case, is it a good idea to withdraw my application with the BIA now and
    > > go back to my country of citizenship so that my mother can immediately start the
    > > application process for me?
    >
    >
    > Probably not applicable. You probably don't have to withdraw. (But for heavens's
    > sake consult with a reputable attorney!)
    >
    >
    > > 2) I have read somewhere that since she is a permanent resident she can still
    > > apply for me (I'm over 21 and single) now. And once she becomes a citizen, she
    > > would have to inform the visa center to update the file from Second preference
    > > category to the First one. In doing so, will the original priority date would
    > > still be preserved?
    >
    >
    > Yes.
    >
    > Another
    > > words, if I leave the country now, and she files for me and informs the visa
    > > center in two years when she becomes a citizen, will I just have to wait one more
    > > year after that since it takes about 3 years when a citizen files for their
    > > unmarried son or daughter? Am I correct?
    >
    >
    > Yes.
    >
    >
    > > 3) And would the original priority date still be preserved if I decide to get
    > > married after she becomes a citizen? If so, then I suppose I would have to
    > > wait additional 3 years after she is a citizen. Is this correct?
    >
    >
    > Yes. Well, maybe 4 years. The current priority date for the Family 3rd preference
    > in 06/22/96, and the family waiting times are getting longer.
    >
    >
    > > I apologize for the long post, but I feel like I am imprisoned at the moment. INS
    > > law does not allow me to do anything, what am I suppose to do? I came here as a
    > > child and now just thinking about returning makes me numb. I attended school here
    > > from elementary to University, paid taxes the few years I was allowed to work,
    > > and all in all I am much as American as anyone. But now, it seems like I can't
    > > avoid not returning although I don't speak any other language than English and
    > > don't know any other culture than American .....