Legal Question in Immigration Law in Maryland

Proof to legaly to stay in USA in 1997

Hello,

I just had my green card interview and it all went well until they asked to see proof of legal entry or stay in the USA in 1997. They also asked for few other forms such as medical examination, dad to fill out an affidavit and a copy of the I130. I can provide all except the legal entry in 1997.

I had come to the USA (Chicago) in 1993 with my grandmother. My parents had followed and arrived in Maryland. Later that year I joined my parents and attended a high school in Maryland.

In 1998, we got our green card interview date. Dad had called the immigration and asked them two questions:

1) We are already in the United States, do we have to go back to London for the interview and to proceed with the case? The answer to this question was No.

2) My daughter will be 21 at the time of the interview will she be ok or is there something I should do before hand? The answer to this question was she will be fine as you got your interview date before her birthday.

At the interview I was denied my Green Card as I had turned 21. I had to return to London and get an F1 Student visa. I got my student visa in 1998 and came back to the States. I finished my college here and currently hold an H1 visa. Both my parents


Asked on 11/22/05, 4:22 pm

1 Answer from Attorneys

Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: Proof to legaly to stay in USA in 1997

We would have to go through the facts more closely but you may be eligibile to adjust status under the Child Status Protection Act which was set up to protect children in cases where they "age out" (turn 21 before they get immigration benefits). Nevertheless, I would definitely need to speak to you about the facts and dates in more detail to give you a definite answer. Feel free to call the office anytime.

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Answered on 11/23/05, 11:29 am


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