Adjustment of Status

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laxdef14

Registered Users (C)
hi everyone, i am planning on applying for AOS under the Life Act because of an overstay on my B2 visa when my priotity date is current. i have some time ahead but i was wondering if anyone knows how long it takes to adjust yu status under the life act. the I-130 petition only states my mother's name as the benificiery but my mother applied the immigration as a family consisting of myself and my father. my father and i are out of status while my mother is not, she is the name under the benificery of the petition. i suppose she can simply adjust her status here with the I-485 while my father and i adjust under the Life Act. does anyone have an idea of the time that will be needed to get our GC. and if we adjust our status in the US and the info is pending, do we recieve something as a temporary visa where it allows us the be legal and preventable from deportation?
 
i am 17 this nov. i came here when i was 5 with a valid B2 visa but now ive been out of status for years. my priority date is Apr. 1997 under the 4th catagory for brothers and sisters of U.S. Citizens (my mom's sister applied for her). im just afriad that when my PD is current i will have to wait an additionaly 2-3 years to even recieve a valid GC. if my mother, father and i all travel abroad when we are notified that it is about time to get our GC, would that be smarter but the risk is the immigarion finding that my father and i overstayed.
 
thanks Joe, you really cleared up a lot things for me. hopfully the Secure America and Orderly Immgration Act will be approved so many PDs based on family immigration will become current faster. thanks again and take care.
 
what country are you from?

laxdef14,

check on the visa bulletin times at travel.state.gov

check your country's processing date. you would know if you would not exceed 21 once the time comes for the adjustment.

if you think that you would exceed your age, ask an attorney for an appropriate action for you to legalize your stay.



laxdef14 said:
i am 17 this nov. i came here when i was 5 with a valid B2 visa but now ive been out of status for years. my priority date is Apr. 1997 under the 4th catagory for brothers and sisters of U.S. Citizens (my mom's sister applied for her). im just afriad that when my PD is current i will have to wait an additionaly 2-3 years to even recieve a valid GC. if my mother, father and i all travel abroad when we are notified that it is about time to get our GC, would that be smarter but the risk is the immigarion finding that my father and i overstayed.
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isnt there a law that says the age that the I-130 is approved is the age you have when the PD is current. so if i was approved when i was 7, wouldnt it not matter when if i reach to 21. i dont think i will become 21 when my PD is current but im just asking.
 
no. it does not work that way.
it does not mean that if someone filed a petition when you are 7yrs old, it means that you are included. you must be below legal age(21) when the petition is approved to be included in the petition for a family.

laxdef14 said:
isnt there a law that says the age that the I-130 is approved is the age you have when the PD is current. so if i was approved when i was 7, wouldnt it not matter when if i reach to 21. i dont think i will become 21 when my PD is current but im just asking.
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oh thanks for clearing that up. my PD is Apr. 25, 1997 under the 4th category for family immigration. im also under China-Mainland, do you have any predictions how long it might take for my PD to become current?
 
JoeF said:
Well, nobody can say for sure how long the I-485s take when your PD becomes current. Family-based I-485s are generally faster than employment-based ones, though. You can see the current processing times on the USCIS website (you need to check the appropriate district office.) That gives you an idea of the timeframes.
In any case, don't leave the country until you have the GC. Doing otherwise would trigger the 10-year ban, and you would in no way be able to come back before that (if you are abroad, you wouldn't file an I-485, but the case would go to the consulate, and you would get an Immigrant Visa, but only after the 10 years are over.)
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What was the 10year bar? if leave the country with a AP , will that affect my current process ?
 
you have a different case.

how were you filed? employment based or family? what was your status when you filed for greencard? are you out of status prior to filing or legal?



target121 said:
What was the 10year bar? if leave the country with a AP , will that affect my current process ?
Click to expand...
 
cool_change said:
you have a different case.

how were you filed? employment based or family? what was your status when you filed for greencard? are you out of status prior to filing or legal?
Click to expand...

family based :) Thanks
 
when you adjust your status under the life act of just the normal I-485, is it sent to the District Office or the Service Center? our I-130 was approved in VSC under the F4 catagory but the VSC only states I-485 employment based AOS. but the district office (Newark, NJ) is much slower then the service center. i thought family based AOS is faster then employment based. also, if i were to apply for a EAD concurrently with the I-485 or the 245i, where is it sent generally if you are living in NJ. could it be sent to the Nation Benefit Center?
 
I-864

Hi, Dear all,
My father has apply the immigration visa for me and my brother,but the financial support is not enough for the Affidavit of Support. Could some one teach how to make the assistance.
 
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