[edarce]

A United States Citizen parent filed an I-130 Relative Petition for his daughter (over 21 years of age and unmarried). The daughter arrived legally under a Tourist Visa in the United States on February 15, 2002, and the I-130 Relative Petition was not filed until September 21, 2003. At the time the I-130 Relative Petition was filed, for some reason the father indicated on the form that his daughter was still residing outside the United States, when in fact she was residing in the United States. As such, the I-130 Relative Petition was approved, yet she overstayed her Tourist Visa. It was not until recently that her Priority Date was current with the Embassy in her home country, and thus filed the I-485 Petition to Adjust Status. The daughter received her work permit, social security card and State-issued identification. She recently had her I-485 Adjustment Interview, where she was told by the interviewing officer that her petition was denied on the grounds that she was out of the 245(I) range, as her I-130 Relative Petition was filed after April 30, 2001. The interviewing officer told her that the decision may only be rendered by an Immigration Judge, wherein the interviewing officer indicated that her case would be sent to Immigration Court. The daughter is now concerned that she may be deported after residing for nine years in the United States. She wants to know what options does she have available to her in light of this situation. She has a boyfriend that is a Permanent Resident (under the CU6 category, which is the Cuban Adjustment Act), yet does not know if she were to marry her boyfriend if it is more convenient for her to adjust under the Cuban Adjustment Act, or if her boyfriend should Naturalize, therefore adjusting by way of marriage to a United States Citizen. The other factor to consider is if there is any hardship waivers that may be available, or some type of cancellation of immigration proceedings based on the time she is in the United States. Please advise as to what things are to be expected down the road for her, as well as, what options she has given her situation.

[edarce]

A United States Citizen parent filed an I-130 Relative Petition for his daughter (over 21 years of age and unmarried). The daughter arrived legally under a Tourist Visa in the United States on February 15, 2002, and the I-130 Relative Petition was not filed until September 21, 2003. At the time the I-130 Relative Petition was filed, for some reason the father indicated on the form that his daughter was still residing outside the United States, when in fact she was residing in the United States. As such, the I-130 Relative Petition was approved, yet she overstayed her Tourist Visa. It was not until recently that her Priority Date was current with the Embassy in her home country, and thus filed the I-485 Petition to Adjust Status. The daughter received her work permit, social security card and State-issued identification. She recently had her I-485 Adjustment Interview, where she was told by the interviewing officer that her petition was denied on the grounds that she was out of the 245(I) range, as her I-130 Relative Petition was filed after April 30, 2001. The interviewing officer told her that the decision may only be rendered by an Immigration Judge, wherein the interviewing officer indicated that her case would be sent to Immigration Court. The daughter is now concerned that she may be deported after residing for nine years in the United States. She wants to know what options does she have available to her in light of this situation. She has a boyfriend that is a Permanent Resident (under the CU6 category, which is the Cuban Adjustment Act), yet does not know if she were to marry her boyfriend if it is more convenient for her to adjust under the Cuban Adjustment Act, or if her boyfriend should Naturalize, therefore adjusting by way of marriage to a United States Citizen. The other factor to consider is if there is any hardship waivers that may be available, or some type of cancellation of immigration proceedings based on the time she is in the United States. Please advise as to what things are to be expected down the road for her, as well as, what options she has given her situation.

[Fr_Chuck]

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