The Child Status Protection Act and unlawfull presence

[mayra-24]

Hello guys!

i have a question about those topics.

I am under visa IR2 but i have been to USA more than 3 years (unlawfull presence).

On the last form, they are gonna ask me:

who was
previously unlawfully present in the United States for more than 180 days but less than one year who voluntarily
departed within the last 3 years; or who was unlawfully present for more than one year or an aggregate of one year
within the last 10 year

So i have to answer "yes"...
as i understood then i won't qualify to get a visa BUT on the top it says: EXCEPT AS OTHERWISE PROVIDED BY LAW, ALIENS WITHIN THE FOLLOWING CLASSIFICATIONS ARE INELIGIBLE TO RECEIVE A VISA.

Do you know the exceptions??
for the CSPA i have to be treat as minor... Does include my unlawfull presence?? i meant, aren't they gonna count it??
Should i prepare my I-601 in advance??

Thank you for your help in advance
(i hope you get my english :shy: )

[kitkat1]

If you entered the US illegally, you cannot apply for your visa in the country. The papers CAN be filed in the US but eventually you will need to leave and interview in your own country.

How old were you when you came to the US and how old are you now? If, when you leave, you have spent more than 180 days in the US illegally after your 18th birthday, you WILL need a 601 waiver and hardship letter from your husband.

The CPSA does not relate to your situation - it relates to children who came into the US on a legal immigrant visa with their family and passed the age of 21 while they were waiting for their adjustment of status.

[mayra-24]

no, no, i am not married! :bounce:

my mom is my petitioner, i EWI when i was 17, my mom sent my petition when i was 18, she was resident, then she becomes US citizen in 2007, when i was 20, so my age was locked... thanks to God and the CSPA ( 5 days later i reached my 21 years! :D )

My mom asked to update our case, etc... so we already sent the 400 fee, we are waiting for the last form DS-230, and yes, i know my interview will be in CD Juarez...

Do you think i have to prepare my i-601 anyways?? and should i set up an appointment to give my waiver before my first interview???

[mayra-24]

[QUOTE=kitkat1;130272] it relates to children who came into the US on a legal immigrant visa [QUOTE]

:cry:

[kitkat1]

oop sorry - I misread when you said IR2.

If you were illegally present after the age of 18, yes you need a waiver. Have you consulted a lawyer? That would be a good idea to guide you and clarify.

[Laura]

Hi Mayra,

I don't know much about the CSPA but I think as Kitkat said you will need a waiver for more than a year of unlawful presence after the age of 18.

Since your mom is a USC she will have to provide evidence, argument and documentation that she will suffer extreme hardship if you are barred from the U.S. for 10 years. There is lots of information available in the sticky posts about putting together the HSL. Consulting a good attorney who is experienced with waivers would also be a great move.

Do you have an interview date yet?

[mayra-24]

No, i don't have an interview date yet, as soon as i get it i have in mind leave my job and prepare my HSL, also we have never consulted a lawyer... :innocent: probably we are gonna need one to make our HSL... that means money and unfortunately we are going through my dad's cancer, i have no idea how much is gonna cost his treatment... anyways i will try to consult a lawyer.

Thank you so much for your help girls.

[rg8333]

what does EWI stand for??????

[kitkat1]

No, i don't have an interview date yet, as soon as i get it i have in mind leave my job and prepare my HSL, also we have never consulted a lawyer... :innocent: probably we are gonna need one to make our HSL... that means money and unfortunately we are going through my dad's cancer, i have no idea how much is gonna cost his treatment... anyways i will try to consult a lawyer.

Thank you so much for your help girls.

Maya you will find a LOT of help right here on this website. Look at the posts here http://immigrate2us.net/forum/forumdisplay.php?f=6 that say "Sticky" -- read through the ones that are relevant and make sure you post your letter before you go. (You should start on the letter now if you can -- it can take time to write it and get all of the necessary evidence. For example, you will want to include information about your father's illness and get a letter from his doctor or copies of his medical records).

Good luck.

p.s. rg8333 - EWI = Entered without inspection i.e. someone who crossed the border and entered the US illegally and without a visa.

[Laura]

Well, you don't NEED an attorney, but if you aren't going to get one you need to research what goes into putting together the hardship packet and make sure yours is great. Remember it will be about your mother proving she needs you. If your dad has cancer and your parents depend on you that's a strong argument.

[mayra-24]

Thanks for the link!
i am gonna start as soon as possible!

by the way, my parents don't depend on me.

One more question, i just wrote about me but my little sister is in the same situation, she is 18, when my mom become US citizen it already had passed 180 days from her 18's (185, exactly)... can just one HSL works for both?? -- we have different case numbers -- i meant giving the same one twice - so my mom would mention both of us in one HSL - is that possible?

Thank you girls one more time

[Laura]

Hmm... well, you want to make it seem like your parents depend on you. I don't mean making things but but the whole argument has to be about them requiring your presence in the U.S. I didn't mean that badly, it's good.

I don't think you can use the same hardship packet. I mean, they might be very similar, but you will have different cases, different waiver appointments, etc and you will need two copies of everything because they don't return the evidence.

[mayra-24]

Hmm... well, you want to make it seem like your parents depend on you. I don't mean making things but but the whole argument has to be about them requiring your presence in the U.S. I didn't mean that badly, it's good.


I got it ;)

i thought you meant about the bills... :innocent:

[kitkat1]

I got it ;)

i thought you meant about the bills... :innocent:

Well if you help them financially, you should definitely include it. If you assist your mother in caring for your father, absolutely include it!

[mayra-24]

ONE MORE THING! (sorry!)

Do you think is a good idea make an appointment to give our HSL in advance??? (maybe set it up just one week or few days after our first interview??) and not wait until they deny the petition?

it would save us time, rigth?

[kitkat1]

That's not an option. It must be scheduled for at least three days after the interview. You need to be interviewed, be denied, and be found eligible to submit a waiver before you can do it.

[Laura]

It's not an option to turn it in beforehand, but you can schedule the waiver appointment as soon as you get the first interview by phone. But the waiver appointment will have to take place at least three days after the visa interview.

[mayra-24]

THANK YOU SO MUCH GIRLS!!!
:thumbup: