[cottoncandy29]

Hi I came to this country legally with my parents and stayed. My grandmother is a citizen and she petitioned my dad under the category of married son through the law 245i. My dad got a notice of action letter approving his petition. My mom, sisters,dad, and I are included in this petition but the only name showing up on the letter is my dad because he is the son of my grandmother. So three years passed from the time the petition was approved and we haven't received any other letter because the process is slow I guess. I'm already 21 and have been here since 2001 and want to have a state id or driver's license. I know it's hard because dmv requires social security but at least an ID. I moved by myself in FL to see if I could have a state ID went to Dmv and supposedly the torch letter is expired because it was approved in 2005 and my name is nowhere to be found in it. I don't know what to do any more feel like I just got to wait to see what happens. But what if I get stopped by a cop for no specific reason and he ask me for Id and I show him my passport I mean I could show him my passport with visa but the picture is 8 years old. He could think that's not me or ask me for I 94 which is expired. OR if I show my renewed passport with nothing in it he could think I entered illegally. Help please!! I'm just trying to have a normal life while waiting for my papers.

[lawanwadee]

Immigrant visas for son/daughter over 21 years old and married need to wait for quota. After receiving approval notice, your dad must wait until visa number becomes current. Waiting period can take anywhere from 10 years to 25 years depending on what country you're from.

So in this case, you and your family had overstayed for many years. During this period, you do not have legal status, and are not eligible to obtain any documents such as SSN or state ID, driver's license, etc.

There are penalty for those who overstayed the visas; if you overstay for up to 6 months, you will be barred from entering US for 3 years, and if you overstay longer than 1 year, you will be barred for 10 years.

Here's the problem... non-immigrant visa beneficiaries must be interviewed at US consulate in their home countries. So when the visa numbers become current, your dad and all whose names are mentioned as beneficiaries, must attend the interview BUT since you've overstayed in US for a long time, your case will be denied unless you have immigration attorney file a waiver. You cannot file adjustment of status while you're in US.

Contact experienced immigration attorney ASAP...