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Immigration Issues/Freedom of Information


Mr David,

I have not been articulating my case properly. Let me try to be clearer:

My step-mother who was a permanent resident file a relative petition application for my dad. I was 15 years at the time of their marriage and was residing in Jamaica. My dad acquired his green card and migrated to the USA, I was 19 years at the time and was still living in Jamaica. My step mother was still a greencard holder when my dad got his PR and migrated.

In 1999 I got a F1 visa which allowed me to come to the States to purdue a BS in engineering, I graduated 2 years ago. My step mother acquired US citizenship three years ago when I was 24 and filed a relative petion on my behalf which was subsequently approved. I was adviced that because I was eligible for a greencard at the time when my dad got his means that I can adjust my status here in the States.

I have been doing some research and it seems like I might be able to recapture the priority date assign to my dad which would have been my priority date had I gotten my greencard then, but in order to do this I was told that I will need to submit proof of filing of the original I-130 along with a letter citing the regulatory authority 8 CFR 204.2(h) to prove that I once fell under the F2A category.

The problem is neither my step monther nor my dad has any of the correspondence relating to his case and thus my letter to you was trying to find out the best way to get a copy of the I 130 receipt or approval letter. Thanks for being so considerate and I am quite aware that I should act before ICE gets involve, I am working on that as we speak.

Followup To
Question -
Mr David,

It was my stepmother who filed the I 130 on behalf of my dad. The marriage between my step mother and dad occurred when I was 14. My dad got his green card when I was 19 years and this is why I said I am grand fathered in under 245(i)(Derivative beneficiary).

I came here on a student visa. I am 27 yrs and unmarried and my step mother is a US citizen since 2004.

You said something interesting, can my dad or step-mother go down to USCIS and get a copy of my dad's original I 130 receipt or aproval notice? Or must they write to them? Thanks for your help.

Followup To
Question -
Dear Mr David,

My step-mother filed for my dad got his green card. Because of this petition I was grant father under existing law 245(i) to adjustment my status.

My stepmom has lost all correspondent from INS relating to this case so in order for me to be able to proof that I can adjust I will have to try and get a copy of the I 130 receipt or approval letter. Whats the best way to go about doing this? And on the FIO USCIS form G-639 section 5, are they asking for information pertaining to the petitioner or my dad?

Trying to get a copy of my step mother file at USCIS to see if they might have any information I can use. Thanks alot

Answer -
I am trying to decipher what you are asking.  Correct me if I am wrong - Your mother is a US Citzen who filed for a petitioner for your father who subsequently was granted Permanent Resident status.  You in turn were 'grand fathered'.

What is your age and your age your father was granted permanent resident status, where were you born, when did you enter the US and what type of visa did you have?

As far as the FOIA, it would appear to me the information you are requesting is based on your father's immigration status.  Why do you not have your father go to CIS and request the information from his record?

Answer -
Let me understand this, you have been sitting around since age 19 without documentation?  One thing you need to understand, there is NO SUCH thing as being grandfather under 245i in your case.  You can only derive CITIZENSHIP from a a US Citizen parent.  You are deportable at this very moment.  NOW, you and your parents need to do some pretty fast foot work down at the local CIS office and get your situation cleared up real quick.  If an ICE agent gets involved, you are going to need a lot of legal representation to get out of the mess you are in.

Things are a bit clearer now.  Your parents can go to a CIS office and request those documents from their files to substantiate your case.  This should not be a big issue.  Explain to the Information Officer what you need and they should get it for you.  It may take a bit of time since the files are stored elsewhere.

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30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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