Uncertainty - What should I do?

[Hope]

Hello to everyone, I must say that it's a wonderful thing you have going here:thumbup:, very informative and educational. Anyway, here is my problem as follows. I'm 28 - My mother ( LPR ) filed for me in November of 2006 the petition was the I-130, but nothing else, this application is currently pending - which is quite okay by me, I can wait. DHS/USCIS informed me that it would be 600 days before my priority date becomes available and only then I can file for adjustment of status which is form I-485, That I do understand. However, I am currently out of status and in limbo. Is there any other way to adjust status in country in the mean time or even after my Priority date becomes current? I'm afraid to leave as the "bar" time will kick in. Please, I really need some advice on how to deal with this situation. Going back is not something I want to do because of the bar. I've been in college and getting ready to enter law school soon. My country is not economically stable and this poses hardship if I do return and wait it out. Plus crime there is escalating rapidly. Thanks in Advance.

[kitkat1]

There really is no other option than waiting for your priority date. (View priority dates here: http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html) Depending on where you are from, it could be about a 5 year total wait or more. Do not leave the country and do your best to "lay low" - a petition in process does not protect you from deportation due to being out of status.

[Hope]

Thanks Kitkat,

What I don't really understand is, when my priority date becomes current and of course I'm out of status, will I be able to adjust status in country without problems? I spoke with two attornies and they abruptly said I to have to go back and wait it out, I found it to be strange, then I stated digging and landed on this board hoping that since this place seemed nice and filled with information and informative people I would get some info. I am new to the immigration thing and just want to do the right thing and not get trapped.

The time, I can wait, but the main thing is will my priority date being current allow me to adjust in country without problems.

[kitkat1]

You have a different type of situation because your priority is through your mother rather than through a spouse and because you are already in the US. Exceptions are made for time out of status for foreign spouses married to Americans but I don't know that it would apply in you case with a pending petition - and clearly it's an important issue. What kind of visa did you enter on and how long ago?

Just found this - not sure if this will help:

Any out of status alien is always subject to removal from the US if encountered by immigration officers. Still, if the first time that a person comes to their attention is through an affirmative application for lawful status, then the USCIS will generally allow that process to go through adjudication."

[Hope]

I came in legally on a b1/b2 tourist Visa POE was Miami. My mom an my stepdad (citizen) has been married for over 5 years now and couldn't be happier. When My mom and stepdad filed for her, they waited 2 and a half years before filing - making sure things worked out and that immigration knew that they were serious about their lives together.

[Hope]

I entered in January of 1999.

[Luckysprite]

Just found this - not sure if this will help:

Any out of status alien is always subject to removal from the US if encountered by immigration officers. Still, if the first time that a person comes to their attention is through an affirmative application for lawful status, then the USCIS will generally allow that process to go through adjudication."

Kind of off topic - but this is a little reaffirming kitkat - that just filing alone will typically not bring ICE to one's door. I know a lot of people are way worried that by sending in their first application will bring their loved ones status to the attention of the 'wrong people' and subject them to deportation. Can I ask where you found that?

[kitkat1]

Somewhere on this lawyer's site: http://www.hooyou.com/i-485/index.html

[Hope]

Thanks for the link Kitkat! I am so happy to be here- great people and information. I just hope that there is a loophole to allow an in country AOS for my situation. I do value your input :D

[Coventrated]

You can only adjust in country through marriage to a USC.

Just wonder how you can enter law school without status, you can not practice without status.

[Hope]

You cannot practice but You can study. Plus I will pay international tuition at first. I consider education as advancement in life no one should be deprived of that - regardless. I am actually a chemist and and IT specialist. Holding degrees in both. I do not work and I have reasons for that, In regards to my AOS and Overstay. I will consult with a reputable attorney. Thanks.