US citizen parents sponsoring over 21 son..

[ULTRON]

Hi,

I'm single, over 21 living in the US with "PR pending", my parents are GC holders. They will get their US citizenship in 2007 so my priority date will automatically come closer. My question is, will I get a GC right away...or will I first get a work permit, followed by a GC? Has anyone experienced this situation? Anyone know the rough timeline?

Many Thanks!

[usnycus]

Once your parent get their citizenship, they can file I-130 for you and you will be eligible under FB-1 category. You have to wait for Priority Date (PD) to be current before you can apply I-485 or EAD.

PD in FB-1 category is Apr-01 and that means current wait in that category is 5 years for most of the countries.

If you are not from Mexico or Philippines, you will be able to file I-485 (and EAD etc.) after approximately 5 years.

[ULTRON]

Thanks for the reply and you're correct about the 5 years. The thing is, my parents already filed for the I130 back in 2002 when they were GC holders. I already have a priority date in Second-B category. When they become citizens next year, my priority date will be bumped up to First category - so 2002+5=2007. Coincidently, I'm supposed to be getting my GC the same year my parents become citizens. I'm not sure if I'll get a work permit followed by a GC, or a directly GC. Any clue?

Thanks

ULTRON

Originally Posted by usnycus

Once your parent get their citizenship, they can file I-130 for you and you will be eligible under FB-1 category. You have to wait for Priority Date (PD) to be current before you can apply I-485 or EAD.

PD in FB-1 category is Apr-01 and that means current wait in that category is 5 years for most of the countries.

If you are not from Mexico or Philippines, you will be able to file I-485 (and EAD etc.) after approximately 5 years.

[princesskate]

My friend is the same situation as yours but his was filed back in Aug 2001 but right now the current PD (for family based category 1) is Apr 2001 and it has been stuck in this month (or retro) for over a year. His parent just became citizen this month so now they're in the process of upgrading his petition from category 2B to 1.

You are not eligible to file for GC or EAD until your PD becomes current. Once your parents become citizen, they'll need to upgrade the petition, then wait until the PD becomes current. In the meantime you are not eligible for EAD.

Hope this helps.

[ULTRON]

I see. Do you think international travel is possible on EAD?

ULTRON

Originally Posted by princesskate

My friend is the same situation as yours but his was filed back in Aug 2001 but right now the current PD (for family based category 1) is Apr 2001 and it has been stuck in this month (or retro) for over a year. His parent just became citizen this month so now they're in the process of upgrading his petition from category 2B to 1.

You are not eligible to file for GC or EAD until your PD becomes current. Once your parents become citizen, they'll need to upgrade the petition, then wait until the PD becomes current. In the meantime you are not eligible for EAD.

Hope this helps.

[princesskate]

Originally Posted by ULTRON

I see. Do you think international travel is possible on EAD?

ULTRON

Travelling has nothing to do with EAD. What's your current status?

My friend is currently on F-1 (OPT) and his attorney advised him NOT to travel - he was told that there is a great chance of being refused to reenter U.S. until his PD becomes current.

[ULTRON]

I'm on "PR pending" status right now, and my lawyer also adviced against foreign travel. I'll only be thinking of travel after EAD or GC.

Do you think your friend will get his EAD first, followed by a GC, or will he get his GC directly?

Originally Posted by princesskate

Travelling has nothing to do with EAD. What's your current status?

My friend is currently on F-1 (OPT) and his attorney advised him NOT to travel - he was told that there is a great chance of being refused to reenter U.S. until his PD becomes current.

[princesskate]

Originally Posted by ULTRON

I'm on "PR pending" status right now, and my lawyer also adviced against foreign travel. I'll only be thinking of travel after EAD or GC.

I'm a bit confused by what you meant "PR pending" - is your priority date current & you filed for AOS already?

What was your previous status? If you didn't overstay and your priority date is current, you can apply for AOS, EAD for work and AP for travel now. You shouldn't have a problem to travel with AP.

Originally Posted by ULTRON

Do you think your friend will get his EAD first, followed by a GC, or will he get his GC directly?

EAD usually takes less than 90 days to process, so he most likely will get the EAD first, then the GC.

[machelon]

princesskate....A friend of mine overstayed her visa (H1) by about 4 months...and now her PD has became current(her parents petitioned her case)...will she have to go back and apply from outside of the US?. Will she have trouble getting her GC?.

[princesskate]

I believe overstaying for a USC's immediate relative is forgiven so I think your friend can do the AOS here in the U.S.

Don't leave U.S. until she gets her green card.

[cestlavie410]

My parents are now applying for citizenship, and I can only hope that the FB1 priority date will move accordingly. My PD is Feb 2002 under FB2B... I'm anxiously waiting for next month's visa bulletin to see if they will, after one long year, move past this April 2001 date or get stuck on it... again! Although I was happy to see it went back to April 2001 after this summer's retro. Let's all cross our fingers.

[princesskate]

Originally Posted by cestlavie410

My parents are now applying for citizenship, and I can only hope that the FB1 priority date will move accordingly. My PD is Feb 2002 under FB2B... I'm anxiously waiting for next month's visa bulletin to see if they will, after one long year, move past this April 2001 date or get stuck on it... again! Although I was happy to see it went back to April 2001 after this summer's retro. Let's all cross our fingers.

This is exactly what my friend is praying for after a lot of disappointment on the visa bulletin last year.

[ULTRON]

Hey, I'm in the same boat. My priority date is April 29 2002. I think this time next year, we'll have received our EADs. I came here on visit then overstayed. I'm doing medical school right now, so time isn't a problem. "PR Pending" as my lawyer defined, is basically waiting for priority date.

ULTRON

Originally Posted by cestlavie410

My parents are now applying for citizenship, and I can only hope that the FB1 priority date will move accordingly. My PD is Feb 2002 under FB2B... I'm anxiously waiting for next month's visa bulletin to see if they will, after one long year, move past this April 2001 date or get stuck on it... again! Although I was happy to see it went back to April 2001 after this summer's retro. Let's all cross our fingers.

[TheRealCanadian]

Originally Posted by ULTRON

I came here on visit then overstayed. I'm doing medical school right now, so time isn't a problem. "PR Pending" as my lawyer defined, is basically waiting for priority date.

Since you have overstayed and are now subject to the 10-year bars, you have a serious problem. Under the FB1 category, you are NOT eligible to adjust status unless you qualify for 245i relief. And since your priority date is after April 2001, you cannot claim 245i relief.

On what basis does your attorney believe that you will be able to become a permanent resident, never mind get an EAD???

[princesskate]

Originally Posted by ULTRON

Hey, I'm in the same boat. My priority date is April 29 2002. I think this time next year, we'll have received our EADs. I came here on visit then overstayed. I'm doing medical school right now, so time isn't a problem. "PR Pending" as my lawyer defined, is basically waiting for priority date.

ULTRON

You mean you're now doing medical school without a valid status??? Or did you change your status from B-1 (visitor) to F-1 (student)?

I've never heard about the term "PR Pending" = waiting for priority date. We usually use "AOS pending" which refers to people who already have their PD current and have filed their I-485. So right now if you don't have any valid status and you're just waiting for the PD becoming current, you're basically out-of-status.

Please provide your case in more detail. I start getting confused now and wonder if you're eligible to adjust your status here in the U.S.

[princesskate]

To be eligible to take advantage of 245(i), the person must meet the following requirements:

Physically present in the United States on December 21, 2000;
An immigration petition or a labor certificate application is filed for the benefit of the Alien on or before April 30, 2001;
The immigration petition or the labor certification application must be approvable at the time of filing. (It means that the application is good on its face); and
Paying the $1,000 penalty fee at the time of filing I-485.

[chromedOut]

we'll need more details about your case. but IF you are allowed to adjust your status I'll tell you what is going to happen, as I'm nearing the end of the GC proccess myself.

You are not eligible to file for GC or EAD until your PD becomes current. Once your parents are naturalized, they'll need to upgrade your petition, then wait until the PD becomes current. In the meantime you are not eligible for EAD.

first, your parents will have to notify uscis to upgrade your i-130 priority to fb-1 after they get their naturalization certificate. when your PD becomes current they can begin to file for your adjustment of status. the two main forms they'll have to submit are i-485 application to register permanent residence or to adjust status and i-765 application for employment authorization. because you are an overstay you will most likely have to pay a $1,000 penalty -- I'm still worried that you missed the 245i deadline this could throw a wrench in your plans.

I'd recommend you send EVERYTHING at once. including your medical to shorten your approval time.

you will first receive a receipt (NOA). next comes your biometrics appointment. after your biometrics and about 90 days after your applications are received you should receive your EAD in the mail if there are not delays -- RFE or pending name check. soon after that you'll get your interview letter stating the time, date and location of your interview. you must bring your sponsor with you. if your name check is cleared and your PD is still current at the time of the interview you will be told to expect to receive your GC in the mail shortly.

that's pretty much the condensed version.

because you are an overstay do not leave the country until you have your GC in your hands as you may trigger a 10-year ban as soon as you leave the country.

good luck.

[TheRealCanadian]

Originally Posted by chromedOut

I'm still worried that you missed the 245i deadline this could throw a wrench in your plans.

Absolutey. Since he has a 2002 PD, he is not eligible for 245i relief. I'm amazed that the attorney didn't catch this.

[cestlavie410]

My PD is also past April 2001. My mother applied in 1995... employment based... a case I was part of, but unfortunately aged out of in 2001 when her I130 got approved. From what my lawyer is stating... my current cases (one thru my father, one thru my mother, family based) are grandfathered into the original case I aged out of, and therefore still covered under 245i to adjust status.

Apparently "PR Pending" is just a nicer term than saying illegal, or without a status... it isn't, to my knowledge, a formal status. One is illegal until the I-485 is filed if he doesn't hold a valid visa.

[ULTRON]

Well, here is my case:

My whole family came to the US on visit in May 1998. My mom was immediately sponsored (she is a nurse) and my lawyer then applied for the whole family: the I-485 and I-765 back in 1999; we all got our EADs (yes I did have a valid work permit in 1999 and my I-485 appl was received by the INS) but only my parents and younger brother got their GC application approved because I aged out at that time. I was 20 when the appl went in, but aged out due to INS processing delays.

So, my lawyer reapplied for my I130 right after my parents got their GC in 2002 (this was April 2002) and I am in PD2B category right now. However, next year, my parents will get their citizenship, so I'll jump up to PD1 category.

My lawyer mentioned nothing about the 245(i), I believe I'm still covered by it just like cestlavie410 because my lawyer did say I'll have to pay $1000 fine to readjust my status. I've been in the US since 1998.

cestlavie410, what does "grandfathered into the original case" mean? Does it have something to do with "aging out"?

ULTRON

Originally Posted by cestlavie410

My PD is also past April 2001. My mother applied in 1995... employment based... a case I was part of, but unfortunately aged out of in 2001 when her I130 got approved. From what my lawyer is stating... my current cases (one thru my father, one thru my mother, family based) are grandfathered into the original case I aged out of, and therefore still covered under 245i to adjust status.

Apparently "PR Pending" is just a nicer term than saying illegal, or without a status... it isn't, to my knowledge, a formal status. One is illegal until the I-485 is filed if he doesn't hold a valid visa.

[chromedOut]

ultron

my case is very similar to yours. I, too, aged out while the rest of my family got their GCs and later were naturalized. my father filed for me after he got his GC. my i-130 priority date was before april 2001, so there was never any question that I didn't qualify for 245i.

I had to pay the $1,000 penalty when I submitted my i-485. I suggest you start getting your papers in order starting with getting the necessary vaccinations if you don't have a shot record...mine were all current except my tetanus shot.

if you have any questions I'll be happy to answer them for you to the best of my ability.

oh and one more thing. don't even think about leaving the country -- even with an AP -- until you have your GC. good luck.

[ULTRON]

Thanks for your encouraging words chromedOut. My lawyer said that Section 245i has many parts and immediate, unmarried relatives of US citizens have no problems in this area as long as we pay the $1000 fine. So I will definitely get EAD by the end of 2007. Irrelevent to my case, even Mexicans who entered illegally are being granted asylum under 245i w/o the 10 year bar. So new laws keep popping up. Also considering the fact that I've had my SS# since 1999, my stuff has been with the INS since that year.

To princesskate: Medical schools don't really care about immigration status as long is the student has a SS#, valid drivers licence, a US address, residence at that US address, undergraduate transcripts from a US college, letters of recommendations from US professors, etc., and I have all those. However, if someone located in China would apply, then immigration becomes an issue.

ULTRON

Originally Posted by chromedOut

ultron

my case is very similar to yours. I, too, aged out while the rest of my family got their GCs and later were naturalized. my father filed for me after he got his GC. my i-130 priority date was before april 2001, so there was never any question that I didn't qualify for 245i.

I had to pay the $1,000 penalty when I submitted my i-485. I suggest you start getting your papers in order starting with getting the necessary vaccinations if you don't have a shot record...mine were all current except my tetanus shot.

if you have any questions I'll be happy to answer them for you to the best of my ability.

oh and one more thing. don't even think about leaving the country -- even with an AP -- until you have your GC. good luck.

[princesskate]

Hmm I didn't know that's how it works for medical school. When I was a foreign student, my college always reminded us how important it was to have a valid I-20, and if people dropped to under 12 units then they'd need to reinstate immediately to avoid being out of status. I thought a valid status is something BIG for a foreign student.

Just curious, are you paying foreign student tuition fee or resident tuition fee? Or do you go to private college so everybody is paying the same fee?

[ULTRON]

Well, my medical school did ask for my alien number (it is there on my current I-130 application and also there on my former/rejected I 485 application from which I aged out), drivers licence and a valid SS#. You see my case is very very rare....but I'm glad they didn't ask for a GC photocopy!!

Just to let you know, it's impossible for foreign I-20 students to get into US medical schools, some do get in but thats rare. I'm in a private school..was awarded scholarship for the first 2 years, but will pay only for the last 2 years as a local student.

ULTRON

Originally Posted by princesskate

Hmm I didn't know that's how it works for medical school. When I was a foreign student, my college always reminded us how important it was to have a valid I-20, and if people dropped to under 12 units then they'd need to reinstate immediately to avoid being out of status. I thought a valid status is something BIG for a foreign student.

Just curious, are you paying foreign student tuition fee or resident tuition fee? Or do you go to private college so everybody is paying the same fee?

[TheRealCanadian]

Originally Posted by ULTRON

Thanks for your encouraging words chromedOut. My lawyer said that Section 245i has many parts and immediate, unmarried relatives of US citizens have no problems in this area as long as we pay the $1000 fine. So I will definitely get EAD by the end of 2007. Irrelevent to my case, even Mexicans who entered illegally are being granted asylum under 245i w/o the 10 year bar. So new laws keep popping up. Also considering the fact that I've had my SS# since 1999, my stuff has been with the INS since that year.

No one questions the fact that 245i does cover FB1 cases, or that you have had stuff with INS or USCIS since 1999. The question I have really boils down to wether your earlier eligibility for 245i carried over to your FB1 case when you aged out. I really would suggest you get a second opinion, namely:

"If an alien qualified for 245i as a dependent (child) in an EB case but then lost eligibility due to aging out and his I-485 was denied, does 245i eligibility carry over to a later FB case filed on his behalf by his parents who became permanent residents and are now US citizens?"

If the answer is yes, then you will be fine and you are correct - you file the I-485A, pay the thousand bucks and off you go. If not, however, then the consequences are huge.

[cestlavie104]

TheRealCanadian: Since I'm in the same situation you've described... I wanted to say that I did get a second opinion when my FB I-130 got approved, and was told that my eligibility would carry over from my mother's EB I130. Only in my case, I aged out a few months before my mother's I-130 got approved... thus never got to file an I-485.

If anyone have been told or strongly believes otherwise, speak now please.

[mermaid06]

Hey guys! Sounds like we are all in a more or less similar situation. My I130 priority date is November, 2002 filed to Nebraska service center. This year I got a notice saying that the case was being transferred to California. They are currently processing cases with receipt dates of February 2005.... And nothing on my case.
Have you heard of I130 being transferred to CaliforniaSC? Can my mother send her naturalization certificate (where though?National Visa Center?) to upgrade my application even if I130 is not approved?? What happend if priority date becomes current and I130 is still not approved?

Thanks!

[princesskate]

Originally Posted by ULTRON

Well, my medical school did ask for my alien number (it is there on my current I-130 application and also there on my former/rejected I 485 application from which I aged out), drivers licence and a valid SS#. You see my case is very very rare....but I'm glad they didn't ask for a GC photocopy!!

Wow, so as long as a person can provide an A#, then the person can pay only the resident tuition fee? Which state do you live?

Originally Posted by ULTRON

Just to let you know, it's impossible for foreign I-20 students to get into US medical schools, some do get in but thats rare. I'm in a private school..was awarded scholarship for the first 2 years, but will pay only for the last 2 years as a local student.

ULTRON

That's what I heard from my friend who was trying to apply for medical school too. However I have another friend who is a foreign student got into the medical school finally after applying twice with his 3.95 GPA and his lately earned Master's degree.

[chromedOut]

Hey guys! Sounds like we are all in a more or less similar situation. My I130 priority date is November, 2002 filed to Nebraska service center. This year I got a notice saying that the case was being transferred to California. They are currently processing cases with receipt dates of February 2005.... And nothing on my case.

this is that I did for my case, ymmv.

the i-130 establishes your priority date based on your relationship to a resident/citizen. when your pd becomes current according to the visa bulletin you are elible to file for AOS (i-485). I filed my i-485 before my i-130 was "approved", based on my pd becoming current.

when my father was a lpr he filed for me. he was naturalized while I was on queue and my attorney sent a cover letter along with my AOS and EAD packet requesting I be upgraded to FB1 priority. that was when the copy of the naturalization certificate was submitted.

after I was well into the i-485 process I received an NOA stating that my i-130 had been transfered to csc. last time it was touched was 8/31. I have since received my EAD, and been to the interview (I was approved, but no GC was ordered since I my pd was retrogressed...but will be current in nov.)

I should mention that at the interview the io said that my i-130 was missing from my file so he just had my father and I fill a new one out on the spot which he said he could approve right away.

[ULTRON]

cestlavie104, you are so right. My lawyer said the same thing so I have no worries.

ULTRON

Originally Posted by cestlavie104

TheRealCanadian: Since I'm in the same situation you've described... I wanted to say that I did get a second opinion when my FB I-130 got approved, and was told that my eligibility would carry over from my mother's EB I130. Only in my case, I aged out a few months before my mother's I-130 got approved... thus never got to file an I-485.

If anyone have been told or strongly believes otherwise, speak now please.