California Service Cent. Processing date vs. Visa Bulletin date?

kanta80

Registered Users (C)
Hi,

One of my acquaintances needs suggestion in the following situation:

She's about 50 years old and has been in the U.S. for 7 years (came in visit visa with her husband). Her U.S. citizen brother applied for her green card in 2001. She has a receipt of I-130 dated May 4, 2001. She received a letter from Homeland Security in Dec, 2006 stating 'This is to notify you that we have transferred the above application or petition to the USCIS office at California Service Center since the records indicate that office has jurisdiction over the case.'

In California Service Center, the current processing date is Apr 30, 2001 for the I-130 category which means her receipt date is approaching very soon and in the visa bulletin site the current cut-off date is 15MAY96. So, she is confused when can she expect to get the green card.

1. Is it based on California Service Center's date or the visa bulletin?
2. Will there be any interview or they will just mail the green card?
3. When can she expect to get the work permit and then green card?
4. Does her overstay in this country affect the process at all?

On the other hand, her labor got approved a couple of months back through an employer (gas station). Does she need to apply for green card through this category? Someone told her she could get green card through employer much sooner than her I-130 Immigrant petition for relative category. Is it true? She was holding off to this thinking she would get her green card through her brother in a few months or maximum a year. Please suggest.

Your response would be much appreciated.

Thanks.
 
1. California Svc center dates are just to give some idea about when I130 may be processed. Even if I130 is approved, one cannot apply for I485 till the priority date per visa bulletin is current. Green card comes after I485 approval.

2. Most likely there will be interview

3. One can apply for work permit only when one is allowed to file I485

4. I do not know. She may want to check with a lawyer. There will be some implication of overstay. Overstay is forgiven only for immediate relative (spouse, children under 21, parent) of US citizen.

For employment based category, after labor approval, I140 will have to be filed. I485 can be filed only if priority date is current per visa bulletin.
 
Someone told her she could get green card through employer much sooner than her I-130 Immigrant petition for relative category.
since she is here illegally, this particular category of GC is out for her.

She may have a big problem getting it through her brother as well, since she is ILLEGAL. And even if she could, it would be a great while - since the visa bulletin current cut-off date is 15MAY96.
 
1. California Svc center dates are just to give some idea about when I130 may be processed. Even if I130 is approved, one cannot apply for I485 till the priority date per visa bulletin is current. Green card comes after I485 approval.

2. Most likely there will be interview

3. One can apply for work permit only when one is allowed to file I485

4. I do not know. She may want to check with a lawyer. There will be some implication of overstay. Overstay is forgiven only for immediate relative (spouse, children under 21, parent) of US citizen.

For employment based category, after labor approval, I140 will have to be filed. I485 can be filed only if priority date is current per visa bulletin.

Thanks, visaapplicant. Your info was helpful.
 
since she is here illegally, this particular category of GC is out for her.

She may have a big problem getting it through her brother as well, since she is ILLEGAL. And even if she could, it would be a great while - since the visa bulletin current cut-off date is 15MAY96.

Thanks, LucyMO.

In my understanding, she is not illegal since her petition is on process and until USCIS makes a decision on her petition, she is allowed to stay. Someone please correct me if I am wrong.
 
Thanks, LucyMO.

In my understanding, she is not illegal since her petition is on process and until USCIS makes a decision on her petition, she is allowed to stay. Someone please correct me if I am wrong.

You are wrong!
Having a petition filed does not give anyone a legal status. Pending AOS (having I-485 filed) does. Siblings can file for AOS only when their priority date becomes current.
 
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Anahit is right, you are wrong. I-130 doesn't provide an applicant with a legal status. And she can't file I-485 since she is illegal.
 
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