130 help, plz help

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Baysic>_>

Registered Users (C)
I130 approved, next step?

hello people, um little background info, my parents applied for the I30 through a relative. since then they have really put zero effort(been awhile) to seeing whats going on with our status, and being that i am over 18 and me not being a citizen is slowly starting to play a role into my life and all i decided that its time for me to look into it.

okay so after finding my receipt number i was able to look into the status and find this....

Receipt Number: *secret haha!*

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

On May 27, 2005, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
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okay, so then i looked though the other letters and found this:

The above petition has been approved. the petition indicates that the person for whom you are petitioning is int he united sttes 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.

additional information about eligibility for adjustment of status may be obtained fromt he local INS office serving the are where the person for whom you are petitioning lives.

Until the person for whom you are petitioning files and adjustment application, or applies for an immigrant visa, 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 notice with form I-485, Application for permanent Residence. Form I-485 may be obtained at the local INS office.

If the person for whom you are petitioning decides to apply for an immigrant visa outside the united states based on this petition, the petitioner should file form I-824, application for action on an approved application for petitions, with this office to request that we send the petition to the department of state national visa center(NVC).

the NVC processes all approved immigrants visa petitions that require consult action,. the NVC also determines which consular post is the appropriate to complete visa processing. IT will then forward the approved petition to the consulate.

THIS FORM IS NOT A VISA NOR MAY BE USED IN A PLACE OF A VISA.
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wowzers long type:eek:

so my basic question whats is next?....what should we be doing?

OH, also if it makes a difference apparently my parents and i entered the country through using a visa.

help would be VERY appreciated...thanks

oh and btw it appears i messed up on the title....mod edit plz.....I130...not 130.....

0 posts 14 views ;_;.......
 
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I130 next step

well you just have to wait in a couple of years for your priority date to become current depending on your country in philippines it is 11years backlog. when your priority date is about to become current, you will receive several notices from NVC
 
first of all, you need to provide more information.
Who filed I-130 on your parents behalf? If it was their sibling, the wait for a visa number is over 10 years... and you MAY or MAY NOT be able to get a visa with them, as you may or may not have aged out.
If it was their other US citizen child, you will not be able to get a visa with them, no matter what your age is.
When was it filed?
 
berong said:
well you just have to wait in a couple of years for your priority date to become current depending on your country in philippines it is 11years backlog. when your priority date is about to become current, you will receive several notices from NVC
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depending on my country? were in the US, i know that i guess we qualified for a certain thing where we actually dont have to leave the country during the wait time because we filed under a certain date and we entered through visa but just overstayed.

also is there a place to check for these dates or is it just when it happens it happens.....be great to get a rough estimate


LucyMO said:
first of all, you need to provide more information.
Who filed I-130 on your parents behalf? If it was their sibling, the wait for a visa number is over 10 years... and you MAY or MAY NOT be able to get a visa with them, as you may or may not have aged out.
If it was their other US citizen child, you will not be able to get a visa with them, no matter what your age is.
When was it filed?
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Oh okay, so my dads brother filed the papers on our behalf

oh and they filed in 2001.

also if it makes any difference we live in california......isnt the I-130 for either citizenship or permanent residency...so then i don't think i need a visa:confused:

and btw thanks...hmmm though it would suck though if it didnt work for me because ive aged out....because ive been in the US since i was 2 months old..so it be a drag if i couldn't get the adjustment....it be like uhhh now what
 
You've been here since you were 2 months.. I am not sure, but I think there is a special juvenile category for AOS. Something like if you came here as a juvenile and have been here for 8 yrs and over, you qualify for AOS under that category. Anyone heard of this? I thought I did.
 
jupiter07 said:
You've been here since you were 2 months.. I am not sure, but I think there is a special juvenile category for AOS. Something like if you came here as a juvenile and have been here for 8 yrs and over, you qualify for AOS under that category. Anyone heard of this? I thought I did.
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In your "dreams".

it is called the "Dream Act"... but it is not a law... just something some people want to be passed as a law. Right now there is no such provision.
 
Yeah, my "dreams" originated from form I485, not in my sleep.

An immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)
 
yeah i know about that stuff...thanks, but concerning what i asked......nothing?:confused:

"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 notice with form I-485, Application for permanent Residence. Form I-485 may be obtained at the local INS office."

just another question.....^^^what exactly does that mean...do i have to submit the I-485 also?........or do i have to wait for my appointment date like that other person said and thats it......
 
your priority date will not become current for another 4-6 years. It's too early to worry about filing for AOS, since you can't do it until your PD is current.
You really need to look into the aging out problem since the petition was approved rather quickly. You also need to look whether you all are qualified for 245(i) since you all overstayed.

http://www.uscis.gov/files/form/i-485supa.pdf
The LIFE Act added a significant requirement to Section 245(i). If the qualifying petition or labor certification was filed after the previous cut-off date (January 14, 1998), the alien must have been physically present9 in the US on the date of enactment (December 21, 2000) in order to qualify for Section 245(i) benefits under LIFE.
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alright thanks for all the help everyone...i suppose i gotta wait then....oh and a final question...

for the Priority date....i asked this earlier...but it got lost amongst the random postings.......where can i find that?....do i just check on the status....or am i sent that through the mail or what?.......
 
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Baysic>_> said:
for the Priority date....i asked this earlier...but it got lost amongst the random postings.......where can i find that?....do i just check on the status....or am i sent that through the mail or what?.......
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What was the date that the I-130 was received by USCIS?
 
Receipt Number: *secret haha!*

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

On May 27, 2005, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Click to expand...

i think it might be a little confusing just because i put them in wrong order...that thats what it says currently when i check on my case...

my question is....is there another step?....or am i supposed to be waiting for some type of date?

Look at the current visa bulletin

http://travel.state.gov/visa/frvi/bu...etin_1360.html
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ALSO

is the priority date given to me somewhere...or when i look at the bulletin do i have to base it off when i applied...i dont really understand how the bulletin works....id assume im under the fourth category tho for the chart.....
 
Okay...

so my...

RECEIPT DATE: March,5,2008

NOTICE DATE: May 27,2005

PRIORITY DATE: February 23, 2001

so whats the next step or what am i waiting for?
 
So if I'm interpreting your petition correctly:

Your uncle petitioned your father, and included your father's family (including you) on the petition. The approved I-130 petition has a priority date of Feb 23, 2001.

If so, this would mean it is a sibling (category 4) petition, and you have to wait until your priority date becomes current. If you look at the travel bulletin posted below, the priority date for category 4 is between 1986-1997, depending on your country of birth. So you basically have to keep waiting. Also, you'll probably age out but I don't know the rules around that.

Also, if you haven't been in legal status for over a year, you are subject to a 10-year bar on reentry. If so, your only hope for legal US status is to marry a US citizen, leave the country for a decade and return after your priority date is up, or remain in illegal status and hope Congress enacts another amnesty.

-ML
 
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