Desperatly need advice!! Please Read and Help!!

[lost2008]

i came to the states in 97 as a f1, got my h1 in 2001 but 2 months after that was laid off.. my visa stamp was up to 2002, marrid husband in 2002 (end of this) and now have 2 children, Hubby is a LPR, My parents are LPR , sister is citizen and i don;t have any relatives back in India anymore. How can i adjust my status?? can i Not apply till husband is a USC?? PLEAAASSEE Help!! will take hubby 3-4 more years to become usc!!

[angela256z]

If I am not mistaken (and someone will correct me if I am wrong) your husband as an LPR can apply for you with the I-130, but there will be a long wait. As soon as he becomes a citizen he will want to update the status of the I-130 if it had not been approved. Since you entered with inspection you should be able to adjust after you get an approved I-130. That is going to be the longest part. When can your husband apply to be a citizen?

[lost2008]

He can not be a USC for another 3-4 years! My only concern is, if he does apply for me now, can they have me removed, as i know leaving will cause me to be barred for 10 years!!

[angela256z]

He should apply for the I-130. The I-130 should not make your chances of being removed any greater. You will still have the chance of being removed since you are out of status. The I-130 for a spouse of an LPR is backlogged in California from jan 05 and at Vermont from Jan 06. So you see you will still be waiting those 3 - 4 years. It will not be any better to have your sister apply since those are backlogged to 2001. I think your best thing is have your husband apply for I-130 for you. Once it is approved you can adjust your status. You will be at risk for deportation while you are waiting for the I-130 approval.

[lost2008]

When you say risk of deportation, do mean cause of my application they will have knowledge of the situation, or just in general bein AOS and getting caught some other way??

the only good think i can say is, my driver license is valid to end of 11 :( sp hopefully i can get things at least lined up by then...
Thanks for the advice..
this is one awesome forum!!

[lost2008]

If you were in my shoes what would you recommend?? getting a lawyer??