I-130 approved.

[lfrstxn]

Hey guys, writing on behalf of my neighbors who don't speak english very well and are having some problems figuring out what to do.

The story breaks down like this -- The lady next door's daughter became a US citizen about 5 years back. The lady was in the country on a visa at the time and they somehow managed to get the lady legal status in the country (I think an immigration visa number was available to the lady since her daughter was a US citizen, etcetc.) Anyway, everything on that front is good, however the lady also has a son. The son had entered the country with his mother legally with a visa, yet he wasn't able to adjust his status at the same time as his mother. He's currently a visa overstay.

The mother filed a I-130 petition for him (Permanent Resident filing for minor child) as soon as she adjusted her status and it has just been approved (years later). It's worded like this --

"The above petition has been approved. The petition indicated that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The information submitted with the petition shows that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time.

"Until the person for whom you are petitioning filed an adjustment of status application or applies for an immigrant vis, this approved petition will be stored in this office. If the person for whom you are petitioning becomes eligible to adjust status based on this petition, he or she should submit a copy of this otice with form i-485.

If the person for whom you are petitioning decides to apply for an immigrant visa outside the US based on this petition, the petitioner should file form I-824."

Anyway, that's... kind of vague, it seems to me. Basically the questions are
a) is it possible to do anything at this time?
b) Is there any way to adjust the kid's status while he is in the US? (Going out of the country seems to be out the question -- they come from some craphole southeastern asian country and it'll be years before a visa number is granted to him based on his mom. Not to mention he's probably going to face one of those nice 5-10 year bans on reentry if he leaves for being a visa overstay.)
c) The petition is for a minor child (under 21). He just recently turned 21. Is the petition still valid on that front? Must something else be done?
d) Assuming the mother applies and received citizenship in a few years, will it be possible for her to apply for an immigration visa number for her son... with the approved immigration petition for a minor child?

Thank you so much for any help

[LucyMO]

b) Is there any way to adjust the kid's status while he is in the US?

if the mother is a USC, and he is under 21 - yes. What is his PD? Is his petition current yet? Still, since he is not an immediate relative of a USC, and he is out of status - he cannot adjust, as far as I know.

c) The petition is for a minor child (under 21). He just recently turned 21.

that answers the question. He is not a minor child of a USC.

Is the petition still valid on that front? Must something else be done?

the petition is valid as long as the relationship exists.

d) Assuming the mother applies and received citizenship in a few years, will it be possible for her to apply for an immigration visa number for her son... with the approved immigration petition for a minor child?

she already applied for an immigrant visa number for him. He is simply going to move to the next category - an adult child of a resident, and then an adult child of a US citizen. He will not be able to adjust anyway, since he is out of status and both of those categories are NOT for immediate relatives of a USC.

He can get married to a USC, though. That will make him an immediate relative of a USC.

[lfrstxn]

Okay, so even though the petition for a minor child was mailed and approved before he turned 21 (with a PD of June, 2004). His "status" as a minor child won't be grandfathered in to when his mother is a USC and he is over 21?

Then the only options left to him are basically a) Get married to a USC or b) leave the country, wait the 10 years or so, apply for immigrant visa overseas?

[LucyMO]

pretty much.

[LolaLi]

But wait - when his mother becomes a US Citizen can't upgrade the petition to that of a "1st Family Class category" - First: Unmarried Sons and Daughters of Citizens?

And then the son should be able to keep the same priority date but with the change of category, the waiting times will also change to that of the new category. Also I believe with this category, so long as the son remains unmarried, his age is not a factor.

I recommend you get some profession legal advice for this as it is very important. I do know however that an I-130 never expires - meaning - it can be used in different categories (if applicable) and still retain the original priority/filing date.

[lfrstxn]

Well then, regardless of whether his status can be upgraded or not, the only time any action can be done is when the mother becomes a USC so worrying about it before then is pointless?

[LolaLi]

Originally Posted by lfrstxn

Well then, regardless of whether his status can be upgraded or not, the only time any action can be done is when the mother becomes a USC so worrying about it before then is pointless?

Yes - because he is here illegally as an overstay. If he were in his home country, you mother could have easily upgraded him to the the 2nd Family Class Part B (F2B: Unmarried Sons and Daughters (21 years of age or older)).

Now I'm not sure if his overstay will be forgiven as he is not an immediate relative, so I would still recommend consulting an attorney to see your options.

[LucyMO]

no matter where he is, his petition gets transferred into an appropriate category. Regardless of his place of residence or legality of his status.

[LolaLi]

Originally Posted by LucyMO

no matter where he is, his petition gets transferred into an appropriate category. Regardless of his place of residence or legality of his status.

Yes, but can one adjust after having been illegal or an overstay? I was under the impression that only immediate relatives of US citizens are "forgiven" in regards to overstaying.

[asPapi]

Originally Posted by LolaLi

Yes, but can one adjust after having been illegal or an overstay? I was under the impression that only immediate relatives of US citizens are "forgiven" in regards to overstaying.

Yes, you are right. Immediate Relatives of US Citizens are either:
1. Spouse of a US Citizen
2. Parent of a US Citizen
3. Widow or Widower of a US Citizen or
4. Unmarried Child under 21 of a US Citizen


His only option is to get married to a US Citizen. He then becomes an Immediate Relative under 1. above. The marriage must be bonafide and must not have been entered into for the purpose of receiving an immigration benefit.

In other words it must be a marriage based on true love.

[smartyali]

hi i need help i was appear for interview in islamabad 14 nov....my father submit my case in 2005 nov n i never ever been there. now my case is in AP(administrative process)does any buddy know how long take it and where is my case n how i know abt my case status where i have to cantact???????????plzzzzzzzzzzzz somebuddy help me



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