QUESTION: Hello, my name is Daniel Delgado and I'm 19 years old. I was born in Mexico and at the age of 2 I was brought into this country with a Mexican passport. All my life I have lived here abiding by the rules, never getting in trouble, and getting good grades. My father is a resident alien and he filed for me and my moms papers when I was young. For unfortunate reasons they never went to the final interview, the adjustment of state or something like that. Only recently I asked them to please help me out and reopen the case because without my papers I can't study any longer and my future is bleak. So my mother asked a lawyer friend of hers to reopen our files which she did. Then the lawyer discovered that on the final interview letter they only listed my mom as the one applying and my name was nowhere to be found. So now I'm about to turn 20 years old and the lawyer sent out a FOIA to find out if I am listed anywhere in the application for residency. Unfortunately a FOIA allegedly takes up to a year to arrive by which time it will be too late to start again since I only have till the age of 21 to reopen the current case. What is your advice, I really want to stay here and study but it isn't looking likely. How long does a FOIA take? Do I have any chance of getting my residency? Any advice and info would be really helpfully. God Bless
Hopefully you can help me because I've asked the same question to 3 of the experts here and they say its out of their expertise.
ANSWER: Do you have any receipts form Immigration for the I-130 for your mom? Also, do you have the approval notice for the I-130 for your mom?
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QUESTION: We have a letter stating that we were approved and that we had a final appointment for adjustment of state. It only says her name though, I was just a baby when I was applied for. None of the letters state my name just my mothers. My mom says shes sure that I was applied for but there is no way to prove it. Thats basically the only thing thats keeping us from reopening the case and thats why our friend sent the FOIA but that supposedly takes up to a year to get back, by which time I will be over 21 years old. Thank You.
Since your father was/is a resident and not a citizen, neither the receipt or the approval of the I-130 would have your name on it, but you are a derivative of the application. If your father was a citizen, you would have needed a separate I-130 in your name. The only thing that has your name on it, is the actual I-130 form or any adjustment application that was filed for you.
Because of the time constraints, I would file the I-485 packet with a copy of the I-130 approval, with proof of your mother and father's marraige. You will not have time to do a FOIA and then the adjustment before you turn 21. Even if you are not listed on the I-130 your fatehr can claim it was an unintentional mistake and provide the documents showing you are their son.
If you do not have the I-130 approval notice, then you will have to ro a FOIA and ask them to expedite it because you are turning 21. You might also ask your State Senator or local Congressman to act on you behalf and ask them to expedite it for you.