Kunena Site Syndication http://www.immigrationlinks.com Thu, 09 Sep 2010 06:47:05 -0700 Kunena 1.0.7b http://www.immigrationlinks.com/components/com_kunena/template/default_ex/images/english/emoticons/rss.gif http://www.immigrationlinks.com Kunena Site Syndication http://www.immigrationlinks.com/forum?func=view&catid=34&id=52#53 Dear ajds37: Thank you for your question. Unfortunately, you are out of status and you will not be able to adjust your status to permanent residence in the United States unless you are 245(i) eligible. You would be 245(i) eligible if a visa petition or application for labor certification was filed on your behalf on or before April 30, 2001. If not, you would have to process your application for an immigrant visa at the US Consulate in your country. However, if you leave the US, you would be subject to the 10-year bar (because you have remained unlawfully in the United States for more than one year), which means that you would not be able to return to the United States until you have remained outside of the country for at least 10 years. There is a waiver for the 10 year bar, but that would require a showing of extreme hardship to a qualifying US Citizen or Lawful Permanent Resident alien family member. We would suggest that you contact an attorney specializing in US immigration law to see if you meet the requirements for a hardship waiver or if there is some way that you might qualify for 245(i) eligibility. Good luck. Thu, 02 Sep 2010 06:19:26 -0700 http://www.immigrationlinks.com/forum?func=view&catid=16&id=50#51 Dear Alina: It is hard to answer your question without knowing exactly why your case was denied. As a general rule, you would file a Motion to Reopen if you have additional evidence to present, or a Motion to Reconsider if you believe that the decision was incorrect and you have some legal decision or factual evidence to support your motion. However, if USCIS denies the Motion to Reopen or Reconsider, you would then need to file an appeal and pay the filing fees again. On the other hand, you can file the appeal, with supporting documentation if any, and USCIS can reopen and/or reconsider the decision on their own motion, or they can send the case to the AAO for review. In that case, you only pay the filing fee one time. If you believe that your case was incorrectly decided, we would suggest that you contact an immigration law attorney who specializes in appeals to the AAO because this is not the type of case that most persons can handle on their own. Good luck. Tue, 10 Aug 2010 14:33:14 -0700